(1) A garnishee under a writ of garnishment from a court is entitled to receive a garnishee fee in the amount of: (a) $10 if the writ of garnishment is for a single garnishment; and (b) $25, as a one-time fee, if the writ of garnishment is for a continuing garnishment. (2) A garnishee may deduct the amount of a garnishee fee described in Subsection (1) from the amount to be sent to the creditor under the writ of garnishment if the amount to be sent exceeds the amount of the fee. (3) If the amount to be sent to the creditor under a writ of garnishment does not exceed the garnishee fee described in Subsection (1): (a) the garnishee shall notify the creditor that the amount to be sent does not exceed the amount of the garnishee fee; and (b) (i) for a writ of garnishment that is a single garnishment: (A) the garnishee shall return the writ of garnishment to the creditor; and (B) the creditor shall pay the garnishee fee to the garnishee; or (ii) for a writ of garnishment that is a continuing garnishment, the garnishee shall delay sending any amount until the amount to be sent exceeds the garnishee fee. (4) If a plaintiff attempts to garnish the property of a person other than the defendant by serving a garnishment on a garnishee, that person may recover from the plaintiff an amount not to exceed $1,000 if the person demonstrates to the court that the plaintiff failed to exercise reasonable diligence in determining that the person and defendant were the same individual. (5) The following factors may be taken into consideration by the court in determining whether the plaintiff exercised reasonable diligence in determining whether the person garnished and the defendant were the same individual: (a) similarities between the person and the actual judgment debtor, including: (i) the spelling of each person's name; (ii) addresses; (iii) physical descriptions; (iv) identifying information, including Social Security number or driver license number; and (v) family status; (b) whether previous contact was made to determine whether the person was the judgment debtor; (c) how the determination of who the judgment debtor was, was made; and (d) what information the plaintiff had access to or was provided with regarding the actual judgment debtor from all available sources. (6) (a) An employer who receives a written request for verification of employment, which includes a copy of the judgment and judgment information statement, shall provide verification within 10 days. (b) The response shall indicate whether or not the defendant identified in the documentation is a current employee. (7) A plaintiff is not liable for a violation of Subsection (4) regarding a wage garnishment if the plaintiff transmitted a written request for verification of employment, including a copy of the judgment and judgment information statement, to an employer and the employer did not respond.
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