garnishment

garnishment
A proceeding whereby a plaintiff creditor, i.e., garnishor, seeks to subject to his or her claim the property or money of a third party, i.e., garnishee, owed by such party to defendant debtor, i.e., principal defendant. Van Maanen v. Van Maanen, Iowa, 360 N.W.2d 758, 761. Satisfaction of an indebtedness out of property or credits of debtor in possession of, or owing by, a third person. Frank F. Fasi Supply Co. v. Wigwam Inv. Co., D.C.Hawaii, 308 F.Supp. 59, 61. An ancillary remedy in aid of execution to obtain payment of a judgment. First Nat. Bank in Chester v. Conner, Mo. App., 485 S.W.2d 667, 671. It is an incident to or an auxiliary of judgment rendered in principal action, and is resorted to as a means of obtaining satisfaction of judgment by reaching credits or property of judgment debtor. This proceeding is called "trustee process" in certain states. Due process requirements of Fourteenth Amendment, U.S.Const., requires notice and an opportunity to be heard before pre-judgment garnishment of wages. Sniadach v. Family Finance Corp. of Bay View et al., 395 U.S. 337, 89 S.Ct. 1820, 23 L.Ed.2d 349. Garnishment is regulated by both state and federal (e.g. Consumer Credit Protection Act) statutes.
See also attachment execution
- lien of garnishment
- trustee (trustee process)

Black's law dictionary. . 1990.

См. также в других словарях:

  • garnishment — gar·nish·ment / gär nish mənt/ n: a remedial device used by a creditor to have property of the debtor or money owed to the debtor that is in the possession of a third party attached to pay the debt to the creditor; specif: attachment of the… …   Law dictionary

  • garnishment — A legal process whereby a debt owed by a third person (garnishee) to a judgment debtor, or property of a judgment debtor held by that third person garnishee, is attached by a creditor toward satisfaction of the obligation or debt owed by the… …   Glossary of Bankruptcy

  • Garnishment — Gar nish*ment, n. [Cf. OF. garnissement protection, guarantee, warning.] 1. Ornament; embellishment; decoration. Sir H. Wotton. [1913 Webster] 2. (Law) (a) Warning, or legal notice, to one to appear and give information to the court on any matter …   The Collaborative International Dictionary of English

  • garnishment — 1520s, from GARNISH (Cf. garnish) + MENT (Cf. ment) …   Etymology dictionary

  • garnishment — [gär′nish mənt] n. 1. a decoration; embellishment 2. Law a proceeding by which a creditor plaintiff seeks to attach money or property in the possession of a third party in order to satisfy a debt owed by the defendant …   English World dictionary

  • Garnishment — A garnishment is a means of collecting a monetary judgment against a defendant by ordering a third party (the garnishee) to pay money, otherwise owed to the defendant, directly to the plaintiff. United States Wage garnishment Wage garnishment,… …   Wikipedia

  • garnishment — /gahr nish meuhnt/, n. 1. Law. a. a warning, served on a third party to hold, subject to the court s direction, money or property belonging to a debtor who is being sued by a creditor. b. a summons to a third party to appear in litigation pending …   Universalium

  • garnishment — garnishee gar‧ni‧shee 1 [ˌgɑːnɪˈʆiː ǁ ˌgɑːr ] also gar‧nish [ˈgɑːnɪʆ ǁ ˈgɑːr ] verb [transitive] LAW if a court of law garnishees someone s money or property, it orders an organization holding it, for example a bank or an employer, to send it to… …   Financial and business terms

  • garnishment — A proceeding whereby a plaintiff creditor, i.e., garnishor, seeks to subject to his or her claim the property or money of a third party, i.e., garnishee, owed by such party to defendant debtor, i.e., principal defendant. Van Maanen v. Van Maanen …   Black's law dictionary

  • garnishment — Trustee Trus*tee , n. (Law) A person to whom property is legally committed in trust, to be applied either for the benefit of specified individuals, or for public uses; one who is intrusted with property for the benefit of another; also, a person… …   The Collaborative International Dictionary of English


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