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Garnishment Procedure (Packet) - Louisiana

Garnishment Procedure (Packet) Form. This is a Louisiana form and can be used in Civil City Court East Baton Rouge Local Parish .
 Fillable pdf Last Modified 12/11/2013
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GARNISHMENT PROCEDURE GUIDELINES AND FORMS (INSTRUCTIONS FOR THE PLAINTIFF) JUDGES AND COURT CLERK PERSONNEL ARE NOT PERMITTED TO GIVE LEGAL ADVICE A Judgment rendered in Small Claims Division becomes final and executory three days after it is signed or served on the defendant when service is necessary. After an Arbitrator renders a decision, a Judgment To Confirm Arbitrator's Award must be filed. Before filing a Garnishment Petition, you must have been awarded a Judgment. An advance cost for filing a Garnishment Petition is required. Please see the current Civil Court Costs Schedule for the applicable costs and fees. There is additional cost for any and all service outside of the city limits. IMPORTANT MESSAGE: It is not the duty or the function of the Court to automatically collect what is owed to you. It is your responsibility to take any and all legal action necessary to collect on your Judgment. If you do not know of any assets belonging to the losing party, you may request a "JUDGMENT DEBTOR EXAMINATION" for an ORAL EXAMINATION to determine defendant's assets. (See current Civil Court Costs Schedule for applicable cost.) IN ORDER TO FILE A GARNISHMENT PETITION, YOU MUST HAVE: The proper legal name and complete address of the garnishee (Defendant's employer). If the business is incorporated, you should determine the name and address of the REGISTERED AGENT for the corporation, who is the individual who will receive service of the Garnishment Citation. FILING YOUR PETITION FOR GARNISHMENT STEP 1 This packet contains a form entitled a "PETITION FOR GARNISHMENT" and "GARNISHMENT INTERROGATORIES." Please provide and complete the following information as indicated on each form: a. Suit Caption (Plaintiff Name, Defendant Name, and Suit No.) on Petition for Garnishment and Garnishment Interrogatories. b. First and second paragraph on Petition for Garnishment. c. List information under Current Statement on Garnishment Petition. d. Address for Garnishee/Agent for Service of Process (located on the Order for Petition for Garnishment). e. Defendant's Social Security Number (if applicable on Garnishment Interrogatories). f. Sign and Print your name, address and phone number on Petition for Garnishment. STEP 2 PLEASE DETACH THE LAST PAGE "JUDGMENT OF GARNISHMENT" AND SUBMIT AT THE PROPER TIME (See Step #4). STEP 3 The Petition for Garnishment will then be submitted to the Judge for the Order to be signed and served on the garnishee. Hereafter, any seizure of wages and/or commissions of defendant is effective upon receipt of the Petition, and the garnishee is to begin withholding the non-exempt portion of wages and/or commissions from the date of service. Thereafter, the garnishee has fifteen days from service of process to answer the GARNISHMENT INTERROGATORIES under OATH. When we receive the Answers to the Interrogatories, we will review them for compliance and process accordingly. (If it appears that a copy was mailed to the plaintiff/attorney, we will not send you a copy.) STEP 4 Once you have received your copy of the ANSWERS TO INTERROGATORIES, you must prepare and submit the Judgment of Garnishment, along with a copy for service on the garnishee. The GARNISHMENT JUDGMENT is an order instructing the garnishee to deliver defendant's wages and/or commission to the Constable of the City of Baton Rouge. ANY QUESTIONS YOU MAY HAVE CONCERNING THE SEIZED WAGES AND/OR COMMISSIONS ARE TO BE DIRECTED TO THE CONSTABLE'S OFFICE AT NUMBER (225) 389-3004. Page -1Civil ­ Garnishment Procedure and Forms (08-14-12) American LegalNet, Inc. www.FormsWorkFlow.com GARNISHMENT PROCEDURE GUIDELINES AND FORMS (INSTRUCTIONS FOR THE GARNISHEE) JUDGES AND COURT CLERK PERSONNEL ARE NOT PERMITTED TO GIVE LEGAL ADVICE You have received a PETITION FOR GARNISHMENT, which identifies you as the garnishee. RESPONDING TO THE PETITION FOR GARNISHMENT CITATION: COMPLETE THE FOLLOWING STEPS: STEP 1 In accordance with CCP Article 2412, you are commanded to answer, categorically and under Oath, the accompanying Interrogatories. You have fifteen (15) days from date of service (or 30 days if service is made through the Long Arm Statute) to return the original (not a copy), to the Office of the Clerk of Baton Rouge City Court, Room 251, 233 St. Louis, Street, Baton Rouge, LA 70802. Prior to submitting your answer, please ensure the following actions are complete: a. All interrogatories have been answered. b. The Document has been notarized. c. Document contains an original signature of your company's representative. d. It is the ORIGINAL DOCUMENT, and not a photocopy. STEP 2 Please furnish a copy to the plaintiff, or plaintiff's attorney. STEP 3 After you receive the JUDGMENT OF GARNISHMENT, please make checks payable to: BATON ROUGE CITY CONSTABLE and mail to P.O. Box 1471, Baton Rouge, LA 70821. (DO NOT MAKE CHECKS PAYABLE TO CITY COURT). CAUTION: FAILURE TO BEGIN DEDUCTIONS AT ONCE OR ANSWER TIMELY CAN MAKE THE EMPLOYER PERSONALLY LIABLE! Page -2Civil ­ Garnishment Procedure and Forms (08-14-12) American LegalNet, Inc. www.FormsWorkFlow.com ______________________________________ PLAINTIFF VS SUIT NO.______________________ Div ____ BATON ROUGE CITY COURT CITY OF BATON ROUGE ______________________________________ DEFENDANT STATE OF LOUISIANA PETITION FOR GARNISHMENT NOW INTO COURT comes petitioner, ______________________________, who requests that this (Plaintiff) Court issue a writ of fieri facias ordering the seizure and possession of all property rights and credits of defendant, ________________________________________________, by the Constable of this Court, and to cause to be made in the manner prescribed by law an amount sufficient to pay and satisfy the sum of _________________________ and having good reason to believe that _____________________________________, is indebted to said defendant (Defendant's Employer, Bank, Credit Union, Etc.) or has property or effects in its possession or control belonging to said defendant and venue is proper in this jurisdiction pursuant to Article 42 and/or 77 of the La. Code of Civil Procedure. WHEREFORE, petitioner prays that ________________________________________ be made garnishee (Defendant's Employer, Bank, Credit Union, Etc.) herein, ordered to answer, under oath, the accompanying Interrogatories, and after all due and legal proceedings, be condemned to pay the amount of said writ and cost, along with additional costs, interest and fees, as they may accrue pursuant to Jud
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