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Garnishee - Law Dictionary Search Results

Home Dictionary Name: garnishee

Garnishee

Garnishee, a debtor who has been warned to pay his debt not to his own creditor but to some third party who has obtained a final judgment against the creditor. The order thus arresting the debt in the hands of the debtor is called a 'garnishee order.' See (English) R.S.C., Ord. XLV. See ATTACHMENT LESS OF DEBTS; FOREIGN ATTACHMENT.A person or constitution (Such as bank) that is intended to or is bailee for another whose property has been subjected to garnishment, Black's Law Dictionary, 7th Edn., p. 689....


garnishee

garnishee : a third party holding garnished property or money of a debtor vt -eed -ee·ing : garnish ...


Garnishee order

Garnishee order, See [Civil PC, 1908, s. 128(2)(d)]...


Attachment of debts

Attachment of debts. By (English) R.S.C. 1883, Order XLV., as amended by (English) R.S. C. July, 1902, r. 12, and R. S.C. July, 1905, r. 8, a judgment creditor may apply ex parte to the Court or a judge (r. 1), either before or after any oral examination of the debtor, for an order nisi [see Norton v. Yates, 1906 (1) KB 112] attaching debts owing or accruing to the debtor in the hands of the parties owing the same who are called garnishees; and by the same or any subsequent order the garnishee maybe required to appear before the Court, or a judge, or an officer of the Court, to show cause why he should not pay to the judgment creditor the debt due from him (the garnishee) to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment debt. See (English) County Court Rules, 1936, Ord. XXVII....


garnishor

garnishor : a creditor who brings a garnishment proceeding against a garnishee ...


Garnishee

One who is garnished a person upon whom garnishment has been served in a suit by a creditor against a debtor such person holding property belonging to the debtor or owing him money...


Debt

Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...


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