Legal Definition and Related Resources of Garnishment

Proceedings in garnishment are one way of executing the judgment of the court . where a judgment creditor becomes aware that some money or property is owing or about to be delivered to the judgment debtor by a third party , he may obtain an order against such third party requiring him not to pay the money or deliver the property to the judgment debtor but to make the same available to satisfy the judgment debt . It is one form of attachment . See Smith v Ethyl Corp., (D.C.Tex.), 417 F. Supp. 669. In some jurisdictions, the expression factoring process and trusty process are used synonymously with garnishment.

In Old Practice. A warning to any one for his appearance, in a cause in which he is not a party, for the information of the court and explaining a cause. For example, in the practice of Pennsylvania, when an attachment issues against a debtor, in order to secure to the plaintiff a claim due by a third person to such debtor, notice is given to such third person, which notice is a garnishment, and he is called the “garnishee.” In Modern Practice. A writ or process by which money owing to a defendant is attached in the hands of the creditor, and the creditor is required to appear at a designated time, and disclose the nature and extent of the indebtedness. In some sta,tes this process is called “trustee process,” in Connecticut “factorizing process,” and in New York the term “garnishment” is not used, it being classed as an attachment. I

noun

• annexation
• appropriation
• confiscation
• dispossession
• distraint
• distress
• divestiture
• execution
• expropriation
• impoundment
• levy
• seizure Associated Concepts: attachment
• enforcement of judgments
• equitable garnishment
• execution
• garnishment of a debt
• lien

Browse or run a search for Garnishment in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Garnishment in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Garnishment in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Garnishment in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Garnish, Garnishee.

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This definition of Garnishment is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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United States Tax Concept of Garnishment

Monies withheld from your pay and remitted to a creditor. Garnishments withheld from your pay are taxable income to you even though you didn’t get the money.

Meaning of Garnishment in the U.S. Legal System

Definition of Garnishment published by the National Association for Court Management: A legal proceeding in which a debtor’s money, in the possession of another (called the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtor’s wages. (not allowed in South Carolina)

Concept of Garnishment in the context of Real Property

A short definition of Garnishment: A legal proceeding under which a person’s money in control of another (such as salary) is taken for payment of a debt. The amount which may be taken is set by statute (usually as a percentage), and, in most states, a judgement is necessary before garnishment.

Concept of Garnishment in the context of Real Property

A short definition of Garnishment: A legal proceeding under which a person’s money in control of another (such as salary) is taken for payment of a debt. The amount which may be taken is set by statute (usually as a percentage), and
, in most states, a judgement is necessary before garnishment.

Grammar

This term is a noun.

Etimology of Garnishment

(You may find garnishment at the world legal encyclopedia and the etimology of more terms).

1550s, “embellishment, adornment, decoration,” from garnish (verb) + -ment. Legal financial sense from 17c. The verbal noun garnishing also was used in the sense “ornament, that which decorates” (late 14c.).

Garnishment

What is Garnishment?

A definition of garnishment is: A proceeding whereby a plaintiff creditor, i. More details on the Encyclopedia.e. More details on the Encyclopedia., garnishor, seeks to subject to his or her claim the property or money of a third party, i. More details on the Encyclopedia.e. More details on the Encyclopedia., garnishee, owed by such party to defendant debtor, i. More details on the Encyclopedia.e. More details on the Encyclopedia., principal defendant. More details on the Encyclopedia. Van Maanen v. More details on the Encyclopedia. Van Maanen, Iowa, 360 N. More details on the Encyclopedia.W. More details on the Encyclopedia.2d 758, 761. More details on the Encyclopedia. Satisfaction of an indebtedness out of property or credits of debtor in possession of, or owing by, a third person. More details on the Encyclopedia. Frank F. More details on the Encyclopedia. Fasi Supply Co. More details on the Encyclopedia. v. More details on the Encyclopedia. Wigwam Inv. More details on the Encyclopedia. Co. More details on the Encyclopedia., D. More details on the Encyclopedia.C. More details on the Encyclopedia.Hawaii, 308 F. More details on the Encyclopedia.Supp. More details on the Encyclopedia. 59, 61. More details on the Encyclopedia. An ancillary remedy in aid of execution to obtain payment of a judgment. More details on the Encyclopedia. First Nat. More details on the Encyclopedia. Bank in Chester v. More details on the Encyclopedia. Conner, Mo. More details on the Encyclopedia. App. More details on the Encyclopedia., 485 S. More details on the Encyclopedia.W. More details on the Encyclopedia.2d 667, 671. More details on the Encyclopedia. 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. More details on the Encyclopedia. This proceeding is called “trustee process” in certain states. More details on the Encyclopedia.

More about the Concept of Garnishment

Due process requirements of Fourteenth Amendment, U.S.Const. More details on the Encyclopedia., requires notice and an opportunity to be heard before pre-judgment garnishment of wages. More details on the Encyclopedia. Sniadach v. More details on the Encyclopedia. Family Finance Corp. More details on the Encyclopedia. of Bay View et aI. More details on the Encyclopedia., 395 U.S. 337, 89 S. More details on the Encyclopedia.Ct. More details on the Encyclopedia. 1820, 23 L. More details on the Encyclopedia.Ed. More details on the Encyclopedia.2d 349. More details on the Encyclopedia. Garnishment is regulated by both state and federal (e.g. Consumer Credit Protection Act) statutes.[1]

Resources

Notes

1. “Garnishment” in the White America Dictionary (New York, Los Angeles, London, New Delhy, Hong Kong, 1989)

See Also

• Attachment execution
• Lien of garnishment
• Trustee (Trustee process)