Title 18, Chapter 4, Section 45
( 18-4-45)
When summons of garnishment shall issue before judgment against the
defendant, the defendant may at any time traverse the plaintiff's
affidavit upon which the garnishment was obtained, stating that the
affidavit is untrue or legally insufficient. Upon filing of the
traverse, the court from which the garnishment issued shall issue a
show cause order to the plaintiff requiring him to appear at a
specified time, which shall not be more than ten days from the
filing of the traverse, to prove the grounds for the issuance of the
garnishment. If the plaintiff shall fail to carry the burden of
proof, the order authorizing the garnishment prior to judgment shall
be revoked. |