garnishment

(redirected from garnishee)
Also found in: Dictionary, Thesaurus, Legal, Financial, Wikipedia.
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.
..... 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.
The Columbia Electronic Encyclopedia™ Copyright © 2013, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/
Mentioned in ?
References in periodicals archive ?
In Aspen, the garnishee bank froze a segment ($9,677.60) of the debtor's bank account in accord with the sixth sentence of section 5222(b):
"Furthermore, because attorneys and their trust accounts are subject to the same provisions of the garnishment statute as any other bank or nonbank garnishee, we cannot discern a principled basis for holding that funds located in an attorney's trust account warrant any greater protection from creditors than funds located in the client's personal account," the court said.
[section]77.06(2) requires the garnishee to report in its answer and retain all funds maintained in its trust account created for the judgment debtor.
(538) Meanwhile, the contingent obligation of the garnishee was "property" and this could be reached, but not in New York.
JUSUN, being the plaintiff and applicant had dragged the Niger and Kogi states governments before a Federal High Court, Abuja, seeking an 'order nisi,' to garnishee the money belonging to the state governments.
As we have seen, courts routinely award damages to judgment creditors when a garnishee violates a restraining notice.
Former county attorney had told the committee that legal costs amounting to Sh321.9 million were paid under court orders for warrants of arrests against county officers and garnishee orders against county bank accounts.
If you flout any law made by the legislature, the consequence is already prescribed in that same law; if you violate any policy of the executive, you are dealt with almost instantly, but you need the executive (police) to enforce the order/judgment of the court, at times even against the executive, such as when in garnishee proceedings against government, you need the approval of the Attorney-General.
The Chronicle gathered from sources in the university that though a court of competent jurisdiction has given orders for TTU to search, locate and garnishee the assets of the owner of the investment firm, Mr Ben Koudja, no positive results has been achieved.