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.
(97) The number of different legislative sources governing enforcement is well illustrated in the definition of "enforcement proceedings" found in the Creditors Relief Act, supra note 18, at s2.1: "'enforcement proceeding' means any proceeding authorized by the Absconding Debtors Act, Arrest and Examinations Act, Creditors Relief Act, Garnishee
Act, Judicature Act, Memorials and Executions Actor the Rules of Court to be taken for the purpose of enforcing a money judgment or for the purpose of enforcing the claims of creditors against the personal property of a debtor".
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 the report states, inappropriate use of garnishee
notices can severely affect a small businesss cash flow.
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.