Louisiana Garnishment Interrogatories: Filing the Petition and Serving the Employer

What Garnishment Interrogatories Are

When you file to garnish a debtor's wages or bank account in Louisiana, the court does not just send a letter to the employer or bank. You file a Petition for Garnishment alongside a set of Garnishment Interrogatories — written questions the third party (called the garnishee) must answer under oath.

The interrogatories are the mechanism that forces the employer or bank to confirm whether they hold assets belonging to your debtor. Without their sworn answers, the court cannot issue a garnishment judgment directing them to turn over funds.

This process is governed by La. C.C.P. arts. 2411–2417 for general garnishment, with wage-specific rules under La. R.S. 13:3921 et seq.

The Step-by-Step Process

1. Prepare the petition and interrogatories. The petition for garnishment identifies you (the judgment creditor), the debtor, the garnishee (employer or bank), and the underlying judgment. The interrogatories are a separate document with questions like:

• Is the debtor currently employed by you? In what capacity?
• What are the debtor's gross and disposable earnings per pay period?
• Do you hold any funds, accounts, or credits belonging to the debtor?
• Are there any other garnishments, liens, or claims against the debtor's earnings?

Some Louisiana courts — particularly East Baton Rouge City Court and Shreveport City Court — provide standardized garnishment interrogatory forms. If your court has them, use them. If not, the interrogatories must still cover these essential questions.

2. File with the rendering court and pay the advance deposit. The petition and interrogatories are filed in the same court that entered your judgment. Expect a combined filing and service fee of $100–$180, plus the statutory employer attorney fee deposit of $15–$20 under La. R.S. 13:3921.

3. The clerk issues the writ and citation. Upon filing, the clerk issues a Writ of Fieri Facias and a Garnishment Citation directing the executing officer (city marshal, ward constable, or sheriff) to serve the garnishee.

4. The officer serves the garnishee. Service is personal — the officer delivers the petition, interrogatories, and citation directly to the employer or bank. The moment service is complete, seizure attaches under La. C.C.P. art. 2411. For wages, the employer must begin withholding from the debtor's next pay cycle. For bank accounts, the bank holds attachable funds, while federal rules require it to review the prior two months of account activity and automatically protect electronically deposited federal benefits.

5. The garnishee answers within 30 days. The garnishee has 30 days from service to file sworn answers to the interrogatories with the court clerk. The answers disclose employment status, earnings, account balances, and any competing claims.

6. You obtain a garnishment judgment. After receiving the affirmative answers, you file a Motion and Order for Judgment of Garnishment. The court signs it, ordering the garnishee to remit withheld funds to the executing officer for distribution to you.

The 180-Day Deadline You Cannot Miss

Under La. C.C.P. art. 2411(A)(2), if the garnishee answers affirmatively confirming the debtor's employment or account, you must obtain a signed Judgment of Garnishment within 180 days of the filing of those answers. If you miss this deadline, all effects of the seizure automatically cease. The employer stops withholding, the bank unfreezes the account, and you have to start the entire garnishment process over from scratch — new petition, new fees, new service.

Mark this date on your calendar the moment the garnishee's answers are filed.

What Happens If the Garnishee Does Not Answer

If the employer or bank ignores the interrogatories — no answers filed within 30 days — La. C.C.P. art. 2413 creates a legal presumption that the garnishee owes the full judgment amount. You can file a motion for Judgment Pro Confesso, making the employer or bank personally liable for the debt.

In practice, courts have equitable discretion to reopen a pro confesso judgment if the garnishee can show the debtor was never employed there or the actual amounts were far less. But the threat of personal liability usually gets a response.

Finding the Right Forms

Garnishment forms are not uniform across Louisiana. Each court may have its own version. Start with the clerk's office of the court that entered your judgment and ask whether they provide a garnishment petition packet with interrogatories. Several city courts post downloadable packets online.

Our Louisiana judgment collection guide includes instructions for both wage and bank garnishment, covering the petition filing, interrogatory service, the 180-day window, and what to do when the garnishee does not cooperate.

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