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 ?
The only thing the court can do is to adjourn the application for garnishee order sine die, pending the determination of the appeal filed at Akure,' Basiru remarked.
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:
He considered himself to have been wronged by a furniture store when a garnishee order had been placed on his bank account at significant cost for allegedly missing a monthly repayment.
If a creditor is aware that a third party is due to make payment to the debtor, they can apply for a Garnishee Order whereby the third party is obliged to make payment direct to the creditor rather than the debtor.