Although the statute does not expressly refer to restraining notices, it seems abundantly clear that, by enacting section 151 of the Debtor and Creditor Law, the Legislature intended to "cover the field" in terms of the garnishee
's right of setoff vis-a-vis the various enforcement devices.
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]77.04.
So, implicit in ABKCO is the view that a garnishee
"possesses" property of the defendant by virtue of owing the defendant a contingent debt.
'That case stands adjourned till 6th December, 2018 for the garnishees
to show cause.'
According to CPLR 6219, a garnishee
is obligated to
As to the judgment holding Day liable, as garnishee
, to Badgerland, Day contends the court erred by concluding that a $20,000 credit owed by Day to TOD was property subject to garnishment.
It directed the Singh brothers and others to maintain status quo on all the assets where they have any interest, as it also issued a garnishee
order relating to the two companies.
Weaver said Appleby owes the Daily Emerald thousands of dollars in court costs, but they can't garnishee
his wages because Appleby is not believed to hold a full-time job.
In Houser, $635.50 was obtained by writ of garnishment from the defendant, the garnishee
. The defendant asserted such garnishment was improper as the monies garnished were exempt pursuant to the head-of-household exemption.
The court based this limitation on the "separate entity rule." Under that rule, even when a court has personal jurisdiction over a garnishee
bank with a New York branch, the bank's other branches are to be treated as separate entities for certain purposes.