The show cause summons or capias is to be filed by the requesting party on the appropriate form provided by the Civil Clerk's Office. The forms should be filed as soon as possible after the show cause or capias is authorized in court because there will be no continuances for the submission of the necessary paperwork. All identifying information for the respondent must be included for the capias to be received and served.
If the forms are not submitted, the show cause or capias will be dismissed on the return date and the judgment creditor will have to start again with the garnishment, or wait six months to begin interrogatories again. Once issued and served, such pleadings may be dismissed only by a judge for good cause shown.
There is no filing fee, however, the $12 sheriff's service fee per party to be served is required at the time of filing a show cause or capias. A capias must be served by a sheriff. Service by private process is not permitted.
