Current through L. 2024, ch. 259
Section 13-812 - Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costsA. After a hearing on an order to show cause pursuant to section 13-810, subsection A or B or after a hearing on a petition to revoke probation, the court may issue a writ of criminal garnishment for any fine, surcharge, fee, assessment, restitution or incarceration costs.B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, surcharge, fee, assessment, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following: 1. The defendant's earnings as defined in section 12-1598.2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.3. Monies that are held by a garnishee on behalf of a defendant.4. The defendant's personal property that is in the possession of a garnishee.5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.Amended by L. 2018, ch. 237,s. 7, eff. 1/1/2019.