Further, the garnishee is required to file the answer with the court and the garnishor within 20 days after service of the writ of garnishment in accordance with [section]77.
For example, if the lawyer garnishee has in its possession a settlement check payable to the judgment debtor client and the lawyer garnishee's trust account at any time between the time the writ of garnishment is served upon the lawyer garnishee and the filing of its answer, the check constitutes a debt owed to the judgment debtor client in accordance with AME and must be disclosed in the lawyer garnishee's answer.
in such garnishee statements gave rise to an action in tort for damages.
order of attachment (63) on a debtor or a garnishee.
Special attention will be given to those indicating impending
garnishees.
It is may seem strange that the sheriff has authority to negate the effect of the restraining notice, but, in the context of a
garnishee who is a senior secured party, the matter makes sense.
A
garnishee task team, driven by the Office of the Premier and the KZNFLA, will implement strategies to deal with existing
garnishees and debt counselling, abuse of
garnishees and fraudulent
garnishees, and ways of preventing indebtedness and
garnishee orders.
The reason for this is apparently that
garnishees who have no connection with the judgment debtor on Monday are not expected to watch for after-acquired property thereafter.
For our present purpose, it can be observed that, as of 2008, when the legislature enacted the EIPA, plenary actions were authorized for violation of court orders and for violation of CPLR duties imposed on
garnishees or sheriffs, where no court injunction is involved.
An important fact in Falor is that none of the twenty-three
garnishees issued certificated securities to the defendants.
162) Therefore, "[i]f any court with power over the
garnishee can order the
garnishee to change the asset's location, significant disruption in the process of deciding whose rights are superior seems inevitable.
The jurisdictional "presence" of a
garnishee can sometimes be established if this individual/organization possesses a subsidiary or operating entity in the court's jurisdiction.
