Garnishee

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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 ?
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.
applies only if, on the day of service, the garnishee possessed debtor
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.
Currently, enforcement procedures include attachments similar to a garnishee upon a payor's income or various bank accounts.
The best solution to getting out of debt and avoiding these garnishees is Consumer Credit Counseling Service.
If the courts were to hang a few garnishees for their bad faith, it might discourage bad faith games and increase the efficiency of debt collection.
The Employee Health and Wellness Practitioners and Human Resources employees will receive training in the Debt Counselling Process and Understanding Garnishees.
586) The judgment creditor had domesticated a federal judgment from Massachusetts and had served restraining notices on the debtor and on various garnishees in New York.
In due course, we will consider, then, whether Cruz III overrules Capitol Records, inviting garnishees to file false reports free of tort liability.
Mitchell operated in two capacities, one as private citizen and the other as corporate fiduciary of twenty-three garnishees.
According to Judge Smith, New York courts have no business enforcing a judgment in New York against a garnishee "subject to New York jurisdiction, [when] the judgment creditor, the judgment debtor and the property that the judgment creditor is trying to seize are all elsewhere.