CIVIL RULE - NO. 27
1. Garnishments for Child Support.
If the party seeking garnishment for child support does not know the current marital
status, current support obligations, or current status of arrearages, the party
shall be limited to garnishment as though the principal debtor was supporting a
spouse or child other than those covered by the support order whose enforcement
is sought and that all payments are current.
2. Issuance Upon Good Faith. No
garnishment shall issue except on the good-faith belief of the party seeking garnishment
that the party to be served with the garnishment order has, or will have, assets
of the judgment debtor. Nothing in this rule shall require affidavits or other formal
proof of the good faith of the party seeking garnishment unless otherwise ordered
by the court.
3. Limitation on Use of Garnishment.
Concerning any garnishment issued, no attorney shall abuse the procedures so as
to utilize garnishment actions as substitution for proceedings in aid of execution,
or other discovery procedures otherwise provided for by statute.
4. Limitation on Frequency of Garnishments.
Except as provided in this rule, no more than two garnishments shall be issued out
of this court applicable to the same claim or claims and against the same judgment
debtor in any 30-day period. A judge of this court may order an exception to this
rule in any case in which the party seeking the garnishment shall in person or by
attorney: (a) certify that the garnishment is not for the purpose of harassment
of the debtor, and (b) state facts demonstrating to the satisfaction of the judge
that there is reason to believe that the garnishee has property or credits of the
debtor that are not exempt from execution.