Title 18, Chapter 4, Section 97
( 18-4-97)
(a) The garnishee shall be entitled to his actual reasonable
expenses, including attorney's fees, in making a true answer of
garnishment. The amount so incurred shall be taxed in the bill of
costs and shall be paid by the party upon whom the cost is cast, as
costs are cast in other cases. The garnishee may deduct $25.00 or 10
percent of the amount paid into court, whichever is greater, not to
exceed $50.00, as reasonable attorney's fees or expenses. (b) If the garnishee can show that his actual attorney's fees or
expenses exceed the amount provided for in subsection (a) of this
Code section, he must petition the court for a hearing at the time
of making his answer without deducting from the amount paid into
court. Upon hearing from the parties, the court may enter an order
for payment of actual attorney's fees or expenses proven by the
garnishee to have been incurred reasonably in making his answer. (c) In the event the garnishee makes the deduction permitted in
subsection (a) of this Code section but the costs are later cast
upon the garnishee, the garnishee shall forthwith refund to the
defendant the funds deducted; and, if the costs are later cast
against the plaintiff, the court shall enter judgment in favor of
the defendant and against the plaintiff for the amount of the
deductions made by the garnishee. (d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided by Code Section 7-1-237. |