12-1598.08. Answer of garnishee to writ of garnishment of earnings; filing; delivery; notice

A. The answer of the garnishee shall be under oath, in writing and signed by him and shall make true answers to the writ. If there are more judgment debtors than one, the garnishee shall answer as to each judgment debtor named in the writ. The answer of any garnishee, including a corporate garnishee, may be filed by the garnishee without representation of an attorney.

B. The answer of the garnishee shall set forth the following:

1. Whether the judgment debtor was employed by the garnishee on the date the writ was served.

2. Whether the garnishee anticipates owing earnings within sixty days after the date of service of the writ.

3. If the garnishee is unable to determine the identity of the judgment debtor after making a good faith effort to do so, a statement of the effort made and reasons for such inability.

4. The dates of the next two paydays occurring after the date of service of the writ.

5. The pay period of the judgment debtor, whether weekly, biweekly, semimonthly, monthly or another specified period.

6. The amount of the outstanding judgment now due and owing as stated in the writ.

7. Whether the judgment debtor is subject to an existing wage assignment, garnishment or levy, and if so, the name, address and telephone number of that judgment creditor.

8. The name, address and telephone number of the garnishee.

9. The date and manner of delivery of a copy of the answer to the judgment debtor and judgment creditor.

C. The garnishee shall deliver a copy of the answer to the judgment creditor or the judgment creditor's attorney, if applicable. At the same time the garnishee shall deliver a copy of the answer and a copy of the notice to judgment debtor and request for hearing form to the judgment debtor. The garnishee shall state the time and manner of delivery in the answer.