Home Table of Contents

CR 69.02 Post-judgment garnishment; service; answer; disposition of funds

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
VIII Provisional and Final Remedies and Special Proceedings
CR 69. Provisional Remedies and Enforcement of Judgments
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 69.02
CR 69.02 Post-judgment garnishment; service; answer; disposition of funds
(1) Service of post-judgment orders of attachment or garnishment upon third-party garnishees, such as employers and financial institutions, shall be served as prescribed in Rule 4 or, at the option of the plaintiff, may be directed by the plaintiff to the garnishee by regular first class or certified mail, or may be personally served by any person authorized to serve a subpoena pursuant to Rule 45.03. Expenses shall be recoverable as costs.
(2) Upon receiving a post-judgment order of garnishment, the garnishee shall answer within the time required by Rule 12.01, and unless otherwise ordered by the court shall make payments directly to the attorney for the party in whose behalf the order of garnishment was issued. If such party has no attorney of record, as, for example, in the instance of a “small claim,” payments by the garnishee shall be made to the clerk of the court.
Except for child support arrearages, where wages are garnisheed, the attorney for the party in whose behalf the order of wage garnishment was issued, or the clerk of the court if such party has no attorney of record, shall safely hold the garnisheed funds in escrow for a period of fifteen (15) days from the issuance date of the employer's garnishment check. If the debtor files an objection within that period, the funds shall continue to be held until the court rules upon the objection. If an exemption is asserted and a hearing held, the attorney or clerk of the court shall disburse the garnisheed funds as ordered by the court. If no exemption is asserted the attorney or clerk of the court shall after the fifteen (15) day period disburse the funds to the party in whose behalf the order of garnishment was issued.

Credits

HISTORY: Amended by Order 88-4, eff. 1-1-89; adopted eff. 6-1-78
Rules Civ. Proc., Rule 69.02, KY ST RCP Rule 69.02
Current with amendments received through August 1, 2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.