812.38.Judicial hearing.

Section 812.38 gives both sides of an earnings garnishment a way into court once the debtor has answered. A creditor who disagrees with the answer can file a motion for a hearing along with a written objection. A debtor whose exemption under section 812.34 (2) (a) is not enough to cover the necessities of life for the debtor and any dependents can file a written petition for relief, stating with reasonable specificity why more relief is needed and including whatever information supports that request. Either party can also move the court to order the other side to comply with the garnishment subchapter or to grant other equitable relief.

Timing matters here. A motion or petition can be filed at any point while the garnishment is pending, and the court must schedule a hearing within five business days, holding it as promptly as practicable, with notice to the parties of the time and place. After the hearing, the court makes findings of fact and conclusions of law and enters whatever order those findings require. If the order lets the garnishment continue, the date it is served on the garnishee substitutes for the original service date when counting any 13-week period, and the order binds the garnishee from the moment of service.

Section 812.38 also builds in a deterrent against gaming the process. If the court finds the debtor’s answer was asserted in bad faith, it must award the creditor actual damages, costs, and reasonable attorney fees from the extra proceedings. If the court instead finds the creditor objected in bad faith, the debtor gets the same kind of award. The court can enter judgment for those amounts, and if the winning party does not owe their own attorney a fee, the court awards the fee straight to the attorney and enters judgment in the attorney’s favor.