The suit with number FHC/ABJ/CS/667/13 also seek: ''An order directing the garnishee
banks to appear before this honourable court and show cause why an order absolute should not be made against them to pay the judgment creditor/applicant in their various accounts domiciled with them sufficient to satisfy the judgment delivered on the 13th January, 2014.'
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.
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.
execution on the garnishee. (62) Any levy under a prejudgment order of
Nevertheless CMS Nomeco, an innocent garnishee
, found itself in the
Suppose a garnishee
served with a restraining notice is the bailee of debtor property.
We have seen that garnishees
served with ineffective restraining notices can choose to be bound.
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.
(155) The complex issue that the court dealt with was whether a New York court may compel a bank (the garnishee
), over which New York has personal jurisdiction, to deliver stocks owned by a judgment debtor ("JD") to a judgment creditor ("JC"), when the stocks are located outside of New York.