garnishment

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Related to garnishee: garnishee proceedings, Garnishee order

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 ?
A further concern was the clause making provision for 25% deductions for garnishee.
To determine if Nauru's bank accounts were commercial property under s 32 and subject to Firebird's garnishee order, the High Court needed to undertake the following exercise:
order of attachment (63) on a debtor or a garnishee.
1981) (stating that a violation of a restraining notice can subject the garnishee to liability where a judgment creditor sustained damages as a result of the garnishee's disobedience of the notice); Bank of Aspen v.
GTZ (2008) The Incidence of and the Undesirable Practices Relating to Garnishee Orders in South Africa.
Indeed, the determination of what property and/or income is exigible to satisfy a judgment debt in New Brunswick requires reference to the Memorials and Executions Act, the PPSA and the Garnishee Act, while factoring in the specific exemptions created by the Pension Benefits Act and the Insurance Act.
debtor; (2) the third-party is a garnishee of the judgment debtor; or
Jones's patrons included Lord Lucan and Jimmy Goldsmith, owner of 1974 Massey-Ferguson Gold Cup winner Garnishee.
of Winnipeg had the right to garnishee funds in a First Nation's off-reserve bank account.
The insurance company refused payment because payment to Rossano was illegal under Egyptian law without permission of the Egyptian authorities and garnishee orders were served by Egyptian revenue authorities and were not satisfied.