Help Understanding State Court Forms

Summons of Continuing Garnishment for Support of a Family Member, Affidavit of Continuing Garnishment for Support of a Family Member, and Answer of Continuing Garnishment for Support of a Family Member
These forms are used to collect arrearage on child support or alimony. All blanks on the Affidavit including the termination date of the obligation must be completed. All money received is applied to the current obligation and any overage is applied to the arrearage. This garnishment terminates when the current obligation and the arrearage are current, or employment ceases. File the original Affidavit and Summons along with a certified copy of the divorce, any modifications, or the child abandonment order, a copy of the Affidavit and Summons for the defendant and a copy of the Affidavit, Summons, and ten (10) answer sheets for the Garnishee. Please place the summons on top.

Garnishments
Reference the judgment case number on the affidavit and on the summons of garnishment. The affidavit must specify whether you are the attorney or the agent and must be notarized. When notarized, make sure the seal is clearly legible; the printed, typed or stamped name of the notary is legible; the notary's commission expiration date is included; and the affiant's name is printed, typed, or stamped. Signatures of the affiant and the notary must be on the affidavit. The amount claimed due should include everything - principal, interest, attorney fees, filing fees and credits, if any. If you choose to serve the defendant, a certificate of service on the defendant must be filed with the Clerk's office.

Subpoenas for a Deposition and Subpoena for the Production of Documents
These subpoenas are of your own making. We do not have forms in the Clerk's office for these subpoenas. The original will be kept in the clerk's file. Please bring copies to be issued and returned to you for each person subpoenaed. The fee is $5.00 per subpoena issued and an additional $10.00 for service per subpoena. If the subpoena is to be served, one copy of the subpoena and a sheriff's entry of service form has to be left with the clerk to forward to the sheriff's office.

Summons of Continuing Garnishment and Affidavit of Continuing Garnishment
Referred to as a continuing garnishment and is used solely for garnishing wages. A continuing garnishment is good for 179 days. The original Summons of Continuing Garnishment and the Affidavit of Continuing Garnishment (summons on top) are kept in the Clerk's file. The defendant's copy should include the Summons of Continuing Garnishment and Affidavit of Continuing Garnishment. The Garnishee's copy includes the Summons of Continuing Garnishment, Affidavit of Continuing Garnishment, and seven (7) answer sheets.
Department of Labor (Federal Wage Garnishments)
The Federal Wage Garnishment Law

A Writ of Fieri Facias
Complete this form according to State Court Uniform Rule 39.5. This form will be executed and sent to the Superior Court Clerk for recording on the General Execution Docket. To cancel the Fi Fa, fill out the cancellation on the original Fi Fa form or send a cancellation notice including the GED book and page number along with a check for $5.00 made payable to the Clerk of Superior Court to this office. Do not send directly to Superior Court. For return of your original fifa, please provide a self addressed and stamped envelope.

Witness Subpoena
Bring or mail to the Clerk's office to issue (sign and seal). The original will be kept in the clerk's file. Please bring copies to be issued and returned to you for each person subpoenaed. The fee is $5.00 per subpoena issued and an additional $10.00 for service per subpoena. If the subpoena is to be served, two copies have to be left with the clerk to forward to the sheriff.

Summons of Garnishment & Affidavit of Garnishment
Referred to as a regular garnishment, and is only good up to 45 days. This garnishment is used primarily for garnishing a bank account or other financial institution. This garnishment requires a one time answer. Answer sheets are not required with the filing. Please place the summons on top.

Dispossessory Writ
Prepare the writ and give to the Clerk's office. The clerk will pull the file and forward to the appropriate Judge for his signature. Money judgments may only be obtained if personal service is made on the defendant(s). Please attach completed Fi Fa form with the Writ.

Dispossessory Affidavit and Summons
This form requires an original plus two copies for each service, and a stamped envelope addressed to each defendant. Present this form to the Judge for his signature before bringing it to the Clerk's office for filing. Do not attach the Writ.

Default Judgment (Liquidated Damages)
This form along with a completed Fi Fa form should be brought, or mailed, to the Clerk's office. The Clerk will send the file with the default to the appropriate Judge's office.

Summons
The completed form including the address of the defendant(s) should be attached to the top of the original complaint. (The original complaint is kept in the Clerk's file.)

Mortgage Foreclosure Summons
Attach the summons to the top of your prepared affidavit on the original and all service copies. Do not attach the Writ.

Mortgage Foreclosure Writ
Prepare the Writ and take to the Clerk's office. The clerk will present the writ and the file to the appropriate Judge for his signature.

Judgment Against the Garnishee
Complete this form along with a Fi Fa form. Give to the clerk to forward to the appropriate Judge for his signature.

 
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