- 1). Read all the documents served on you carefully. Though these documents are drawn up and titled according to state and local law, they generally provide and require the same information. The writ of garnishment and summons include information about the case, the plaintiff, the defendant and the judgment amount. The garnishee's answer requires you to identify, under penalty of perjury, any property in your possession that belongs to the judgment debtor. Note that even though you were not party to the original case, you may be held liable if you do not answer the garnishment fully, truthfully and in a timely fashion.
- 2). Make note of what day your answer is due in court. The allowable time varies from state to state. For example, in Arizona the garnishee has 10 business days to return his answer to the court. In Georgia, however, the garnishee must return his answer not sooner than 30 days and not later than 45.
- 3). Make note of whether you are required to turn over the judgment debtor's property with your answer or to hold it in your care until further notified. This is clearly stated in the garnishee's instructions.
- 4). Make a comprehensive list of the judgment debtor's property in your control. Make note of any sums of money you are holding for the debtor, or owe to the debtor. Attach this list to the garnishee's answer form.
- 5). Complete the garnishee's answer form, have it notarized, if required and submit it as indicated. In some states, you are required to file the form, in person, with the clerk of the court. In other states, you may mail the form to the courthouse. If you continue to hold the property in your care, you will be contacted with further instructions.
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