- 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. HENRY CAMPBELL BLACK, M. A.. 1990.
