garnishment

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garnishment,

in law, means of requiring a third party who holds a debtdebt,
obligation in services, money, or goods owed by one party, the debtor, to another, the creditor. When contested, debts are collected by a civil suit upon which the judge renders a judgment, and an execution is levied on the debtor's property.
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 (including wages) due a defendant to retain the property temporarily. The garnishment consists of a warning, in the form of a judgmentjudgment,
decision of a court of law respecting the issues before it. The term ordinarily is not applied to the decree (order) of courts of equity. The outstanding characteristic of a legal judgment, in contrast to an equitable decree, is its finality and fixity; thus, except
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, to the third party, called the garnishee, not to deliver the goods or money due to the defendant, but to hold them in trusttrust,
in law, arrangement whereby property legally owned by one person is administered for the benefit of another. Three parties are ordinarily needed for the relation to arise: the settlor, who bequeaths or deeds the property for another's benefit; the trustee, in whose hands
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 pending the outcome of the plaintiff's suit. This provisional remedy guarantees the plaintiff at least some recovery if he wins the case.
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References in periodicals archive ?
The court proceeded to consider Gary's second argument, that Illinois's Wage Assignment Act limited the circuit court to ordering no more than 15 percent of his gross weekly earnings to satisfy his arrearage.
Interest rate ceilings are set by each state and different laws govern the use of garnishment and wage assignment, so that the amount of future income that may serve as collateral also varies.
Wage assignments may now be ordered by a court for all past due support payments rather than only for child-support payments, and the amount of wages exempt from such withholding was made the same for child or spouse support.
The complaint can cover only 12 months, ending April 1 of this year, but prosecutors said Ramirez has ignored three wage assignment orders for Hernandez since May 1993.
Out of the 153 months since the original child support order, Arnett has made two voluntary payments and one by wage assignment.