garnishment

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Related to Garnishee order: garnishee proceedings

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 ?
(One aspect of this was the widespread granting--often illegally--by magistrates of 'emoluments attachment' or 'garnishee orders' which enable creditors automatically to deduct payment from debtors' bank accounts at a 5 per cent charge; see GTZ 2008.) Dogged by these practices of 'credit apartheid', and by the charging of extremely high interest, many had nonetheless succeeded in buying furniture, item by item, on hire purchase.
The Bank alerted the county on Wednesday informing it that it had received a garnishee order requiring it to release the funds to the law firm of Ondabu advocates, prompting the governor to move to court.
But, the Osun Commissioner for Justice and Attorney General of the state, Dr Ajibola Basiru had argued that the court ought not to have granted the garnishee order, saying an appeal for a stay of execution on the judgement had been filed before a Federal Court of Appeal, sitting in Akure, Ondo State.