What is the process for obtaining a garnishment order in a small claims court case?

In Delaware, it is possible to obtain a garnishment order from a small claims court. A garnishment order compels a third party to turn over a debtor’s assets to satisfy a plaintiff’s claim for damages. This is done by filing a motion for a garnishment order with the Delaware small claims court. The motion should include the following information: the plaintiff’s name, the defendant’s name, the case number, a description of the plaintiff’s claim, an explanation of why the garnishment is necessary, and the types of assets the plaintiff desires to be garnished from the defendant. The motion must also include the name and address of the bank or other institution that holds the debtor’s assets. The court will then issue an order for the third party to hold funds from the debtor’s assets until the case against the debtor is settled. The court will also set a hearing date so the debtor can object to the garnishment order. If the debtor does not appear at the court hearing, the court will grant the garnishment order, allowing the plaintiff to take the assets from the third-party institution. However, if the debtor does appear, they will be required to present a valid defense to the court to prevent the garnishment from being granted. Once the garnishment order is granted, the third party will be required to pay the plaintiff the amount stated in the court order. This process ensures that the plaintiff is compensated for their damages in a timely and efficient manner.

What is the process for obtaining a garnishment order in a small claims court case?

Related FAQs

Related Blog Posts