Rule 664a: Dissolution or Modification of Writ of Garnishment

A defendant whose property or account has been garnished or any intervening party who claims an interest in such property or account, may file a motion to dissolve or modify the writ of garnishment, the order directing its issuance, or both for any grounds or cause, extrinsic or intrinsic. The motion must be sworn and must admit or deny each finding stated in the order directing the issuance of the writ. If the movant is unable to admit or deny a finding, the movant must state the reasons why the movant cannot admit or deny. If the movant seeks to dissolve or modify the writ or order based on personal property exemptions and provides the same information as in the Personal Property Claim Form approved by the Supreme Court, the court must follow the procedures provided by Rule 679b.

A motion to dissolve or modify based on other grounds must be heard promptly, after reasonable notice to the plaintiff (which may be less than three days), and must be determined within ten days after the motion is filed, unless extended for good cause shown. The filing of the motion stays any further proceedings under the writ, except for any orders concerning the care, preservation, or sale of any perishable property, until a hearing is had, and the issue is determined. The writ must be dissolved unless, at such hearing, the plaintiff proves the statutory grounds relied upon for the writ’s issuance, but the court may modify its previous order granting the writ and the writ. The movant, however, has the burden to prove that the reasonable value of the property garnished exceeds the amount necessary to secure the debt, interest for one year, and probable costs. The movant also has the burden to prove facts to justify substitution of property.

The court’s determination may be made upon the basis of sworn statements, if not challenged, setting forth such facts as would be admissible in evidence; otherwise, the parties must submit evidence. The court may make all such orders, including orders concerning the care, preservation, disposition, release, or substitution of property (or its proceeds if the property has been sold), as justice may require. If the movant has given a replevy bond, an order to dissolve the writ must vacate the replevy bond and discharge the sureties thereon. If the court modifies its order or the writ, it must make such further orders with respect to the bond as may be consistent with its modification.