garnishment


Also found in: Dictionary, Thesaurus, Legal, Financial, Wikipedia.
Related to garnishment: garnishment 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.
..... Click the link for more information.
 (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
..... Click the link for more information.
, 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
..... Click the link for more information.
 pending the outcome of the plaintiff's suit. This provisional remedy guarantees the plaintiff at least some recovery if he wins the case.
Mentioned in ?
References in periodicals archive ?
Of the four categories studied, child support is the most common wage garnishment (3 percent), followed by student debt or consumer loans (2.
Evidence showed that one garnishment occurred five days after the debtor's bankruptcy filing and two days after notice of the case was mailed to FAME in November 2014.
Best you can tell it's probably in an environment where they're being paid under the table or being paid as a 1099 [independent contractor] employee, and in some way avoiding paying the garnishment," he said.
The Plaintiffs/Appellees alleged all four of [section] 201(a)'s elements were met: (1) the judgment being enforced was against a terrorist party--FARC; (2) the judgment was based on FARC's acts of terrorism; (3) Mercurio's assets were "blocked assets" within the meaning of the Terrorism Act; and (4) garnishment against Mercurio would partially satisfy an award of compensatory damages.
We were also concerned that garnishment or other aggressive collection efforts could exacerbate an already strained relationship," he added.
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
Simply put--the cases say that a judgment by confession is completely enforceable the moment it is entered, and confirmation is only necessary if you seek a wage garnishment against the judgment debtor.
A Bar Board of Governors committee is concerned that Florida lawyers aren't sufficiently aware of a recent Supreme Court ruling that they must issue stop payment orders on checks issued from their trust accounts if they are served with writs of garnishment seeking that money.
Federal statutes limit garnishment for consumer loans to 25% of the borrower's disposable income, and many states have much lower limits.
Prior to that meeting, the Payroll Office was including information about the EAP in garnishment letters, which are mailed to employees before the deduction is taken from their paycheck.
In some states, automatic enrollment is considered garnishment of wages.
Fifth Circuit issued a series of opinions regarding sovereign immunity under the Foreign Sovereign Immunities Act (1) and Texas garnishment law