Garnishment

Question 1

when to obtain writ of garnishment

Answer 1

when judgment creditor is trying to enforce the lien of the fi fa against debt (intangible) or tangible property of the debtor, but the property is in hands of third party

Question 2

how is garnishment obtained

Answer 2

(1) writ of garnishment issued by the clerk

(2) writ served on garnishee (third party) on or before the return date on the fi fa

(3) debtor is given notice [if not served, debtor may quash]

(4) garnishee may admit liability, which will cause judge to enter judgment against him and money or property will be surrendered to court

(5) garnishee may assert defenses against the debtor, and get a mini trial with a jury

Question 3

property subject to garnishment

Answer 3

tangible property of the debtor in the possession of third parties (safe deposit box contents at a bank)

debts

only when jury can determine exact amount garnishee owes to the debtor

Question 4

property not subject to garnishment

Answer 4

(1) Regular marital bank accounts
– creditor can only garnish half the account UNLESS they can prove the debtor contributed more than that amount [there is rebuttable presumption that non-debtor spouse contributed half the contents]

(2) marital bank accounts held in a tenancy by the entirety NOT subject to garnishment at all

(3) joint bank accounts only subject to garnishment to the extent of the debtor’s interest

(4) negotiable instruments and negotiable stock certificates (they must be levied upon - seized by sheriff)