Garnishments

A garnishment is a proceeding against a third party ("the garnishee"). The garnishee has money or other property belonging to the judgment debtor-defendant. Garnishment is the term of the legal process by which the garnishee pays into court the money, or property, that the garnishee owes to the judgment debtor.

 

Glossary of important Garnishment terms

Collateral - Property that guarantees payment of a secured debt.

Default - A failure to perform a legal duty.

Garnishee - A person or business entity, such as a corporation or bank which holds or owe monies or property to the judgment debtor.

Garnishment - A court-ordered process that takes property from a person to satisfy a debt.

Judgment Debtor - A person or entity (such as a bank) that owes money.

Plaintiff - In a garnishment action, the plaintiff is the judgment creditor who is seeking to collect a judgment wherein the judgment debtor owes money to the judgment creditor.

Jurisdiction

The Magistrate Court has jurisdiction to handle garnishments where the value judgment is $5,000 or less.

 

Venue

Is appropriate in the county where the garnishee (employer or bank) is located.