Garnishee


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Related to Garnishee: garnishee proceedings, Garnishee order

Garnishee

An individual who holds money or property that belongs to a debtor subject to an attachment proceeding by a creditor.

For example, when an individual owes money but has for a source of income only a salary, a creditor might initiate Garnishment proceedings. If the creditor is successful, a certain portion of the debtor's salary will be automatically sent to the creditor from each paycheck. In such case, the debtor's employer is the garnishee.

garnishee

n. a person or entity, quite often a bank or employer, which receives a court order to not release funds held for or owed to a customer or employee, pending further order of the court. (See: garnish, garnishment)

GARNISHEE, practice. A person who has money or property in his possession, belonging to a defendant, which money or property has been attached in his hands, and he has had notice of such attachment; he is so called because he has had warning or notice of the attachment.
     2. From the time of the notice of the attachment, the garnishee is bound to keep the property in his hands to answer the plaintiff's claim, until the attachment is dissolved, or he is otherwise discharged. Vide Serg. on Att. 88 to 110; Com. Dig. Attachment, E.
     3. There are garnishees also in the action of detinue. They are persons against whom process is awarded, at the prayer of the defendant, to warn them to come in and interplead with the plaintiff. Bro. Abr. Detinue, passim.

References in periodicals archive ?
If a garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment debtor in an amount equal to twice the amount due on the judgment or order, the restraining notice is not effective as to other property or money.
held that section 31 of the Garnishee Act would not apply to protect money owed to a self-employed fisherman for fish sold and relates to "the contract for personal services and labour only".
A further concern was the clause making provision for 25% deductions for garnishee. The question was raised as to whether this would be gross or net salary and if this should be after medical aid deductions and issues, like maintenance orders.
[T]his statutory scheme contemplates full disclosure in the garnishee's answer of all debts owed by the garnishee to the defendant debtor and a simultaneous garnishment of said funds so as to fully protect the garnishor creditor in collecting on a debt due him by the defendant debtor.
(546) Unlike the garnishee's rent obligation in Glassman, which was located in New Mexico, the obligation of the ABKCO garnishee was located in New York, and therefore garnishable.
The suit with number FHC/ABJ/CS/667/13 also seek: ''An order directing the garnishee banks to appear before this honourable court and show cause why an order absolute should not be made against them to pay the judgment creditor/applicant in their various accounts domiciled with them sufficient to satisfy the judgment delivered on the 13th January, 2014.'
(849) Where, however, there is no court order, yet the garnishee violates the law, the violation will not constitute a tort generating a plenary action.
When a garnishee is issued on a small business, funds are removed from the businesss bank account, Ombudsman Kate Carnell said.
Mr Waluke and Ms Wakhungu executed the arbitral award and recovered over S14 million from NCPB after attaching and selling its assets and obtaining garnishee orders against its bank accounts," Mr Lutta says.
Day also appeals a judgment holding Day liable, as garnishee, for $20,000 to Badgerland Overhead Door, LLC (Badgerland).
Attachment under possession of one of the government authorities or public corporations or public establishments or their subsidiary units shall have an effect only for a period of three years from the date of its notification, unless the garnishee is informed of keeping the attachment during this period.
(195) Christie advanced arguments concerning a defective information, operation of the Canadian Bill of Rights, and a novel argument that Klundert could not be liable to pay tax on amounts intercepted by a garnishee order.