For a discussion of the judgment and its enforcement, see sections 27.67 and 27.68 in this chapter. Chapter 20 should provide helpful information, particularly section 20.11 regarding determining the rate of postjudgment interest to be earned.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application for writ of garnishment at form 27-11 unless the garnishment proceeding has been transferred. |
Judgment in Garnishment
At the hearing on Plaintiff’s action for postjudgment garnishment in this cause,
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Select the following if the garnishee’s answer admits debt. |
it appeared that Garnishee had filed an uncontroverted answer admitting that Garnishee [is indebted to Defendant/possesses effects of Defendant liable to execution/is indebted to Defendant and possesses effects of Defendant liable to execution]. The Court considered the pleadings and official records on file in this cause and the evidence and believes that judgment should be rendered for Plaintiff.
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Or |
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Select the following if this is an agreed judgment. |
the attorneys for Plaintiff and Garnishee announced to the Court that Plaintiff and Garnishee have agreed that judgment should be rendered for Plaintiff. The Court considered the pleadings and official records on file in this cause and the evidence and believes that judgment should be rendered for Plaintiff as agreed.
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Or |
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Select the following if there is default by the garnishee; before seeking a default judgment, be sure the record will support it. See part II. in chapter 20 (requisites for default judgment) and sections 27.60 (officer’s return) and 27.61:4 (no answer). |
Plaintiff appeared through his attorney of record. Garnishee, although duly cited to appear and answer, failed to file an answer within the time allowed by law and did not appear. The Court considered the pleadings and official records on file in this cause and the evidence and believes that judgment should be rendered for Plaintiff.
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Or |
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Select the following if there is trial to the court. |
all parties appeared through their attorneys of record and announced ready for trial. Because a jury was not requested, the Court decided all fact questions. The Court considered the pleadings and official records on file in this cause, the evidence, and the arguments of counsel and believes that judgment should be rendered for Plaintiff.
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Or |
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Select the following if there is trial by jury. |
all parties appeared through their attorneys of record and announced ready for trial. A jury was duly accepted, impaneled, and sworn. The jury returned its verdict after hearing the evidence, the arguments of counsel, and the Court’s instructions and after receiving questions to be answered. This judgment is based on the jury’s verdict.
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Continue with the following. |
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Select one or both of the following. Select the first paragraph if the garnishee is indebted to the judgment debtor. Select the second paragraph if the garnishee has the judgment debtor’s effects. See sections 20.11 and 27.67. |
It is ADJUDGED that [name of plaintiff], Plaintiff, recover from [name of garnishee], Garnishee, judgment for $____________ plus interest at the rate of ________ percent per year on this garnishment judgment from the date of judgment until paid.
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And/Or |
It is ORDERED that Garnishee deliver to the sheriff or constable on demand the following effects of Defendant or as much of them as necessary to satisfy this judgment: [specify nonexempt property to be delivered for sale]. The officer is ORDERED to sell the effects under execution and to apply the proceeds toward satisfaction of this judgment.
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If costs are awarded to the garnishee, include the following paragraph; this paragraph should be included if the judgment is on an uncontroverted answer or by agreement. If the answer is contested, the court might award costs differently. The garnishee will not be awarded costs if he does not answer. See section 27.66. |
It is [further] ADJUDGED that Garnishee recover Garnishee’s costs of this proceeding and $____________ as attorney’s fees from Defendant, [for which execution may issue/to be paid from the property of Defendant in Garnishee’s possession].
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Continue with the following. |
It is [further] ADJUDGED that Garnishee be discharged from liability to Defendant for payment of debt or delivery of effects to the extent of the amount consumed in satisfying this judgment.
This judgment finally disposes of all parties and all claims and is appealable.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
[Name]
Attorney for Garnishee
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]