Rule 69.02.Post-judgment garnishment -- Service -- Answer -- Disposition of funds.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 69.02
Amendment History
(Adopted May 4, 1978, effective June 1, 1978; amended July 14, 1988, effective January 1, 1989.)
Plain-English Summary
Once a judgment creditor wins a money judgment, garnishment lets them collect it from a third party who holds the debtor's money or wages -- an employer, a bank, anyone owing the debtor funds. Rule 69.02 covers how that order reaches the garnishee. Service can go through Rule 4, or the plaintiff can choose to mail it by regular first-class or certified mail, or have it personally served by anyone authorized to serve a subpoena under Rule 45.03. Those service expenses are recoverable as costs.
Once a garnishee receives the order, the time to answer runs under Rule 12.01. Unless the court orders otherwise, the garnishee pays the creditor's attorney of record directly. If the creditor has no attorney -- the rule gives a small claim as the example -- payments go to the clerk of the court instead.
Wage garnishments carry an added safeguard, though it does not apply to child support arrearages. Whoever holds the garnisheed wages -- the attorney or the clerk -- must hold them in escrow for fifteen days from the date the employer issues the garnishment check. That gives the debtor a window to object. An objection filed within those fifteen days keeps the funds held until the court rules on it. If the debtor asserts an exemption and the court holds a hearing, the funds are disbursed exactly as the court orders. If no one raises an exemption, the money goes to the judgment creditor once the fifteen days pass.
Frequently Asked Questions
How long does a garnishee have to hold garnisheed wages before paying them out in Kentucky?
Except for child support arrearages, wage garnishment funds must be held in escrow for fifteen (15) days from the issuance date of the employer's garnishment check, giving the debtor time to object.
What happens if a debtor objects to a wage garnishment within the 15-day period in Kentucky?
The garnisheed funds continue to be held until the court rules on the objection. If the debtor asserts an exemption and a hearing is held, the funds are disbursed as the court orders.
Who does a garnishee pay after a post-judgment garnishment order in Kentucky?
Unless the court orders otherwise, payment goes directly to the attorney of record for the party who obtained the garnishment order. If that party has no attorney of record, as in a small claim, payment goes to the clerk of the court.
How is a Kentucky garnishment order served on a bank or employer?
Service can be made as prescribed in Rule 4, or the plaintiff may instead direct it by regular first class or certified mail, or have it personally served by someone authorized to serve a subpoena under Rule 45.03.