A marshal may levy upon as much property as he feels will reasonably satisfy the plaintiff's demand, together with interest, costs, and marshal's fees and expenses. It is not necessary to levy upon property which will meet the exact dollar amount in the attachment order, but a marshal should be cautious and exercise discretion. The attachment is effective only if, at the time of service , the garnishee owes a debt to the defendant or is in possession of property in which the defendant has an interest. As in a property execution, unless the court orders otherwise, a garnishee served with an attachment is required to transfer all personal property of the judgment debtor to the marshal forthwith, to pay to the marshal all debts owed to the defendant as they become due, and to execute any documents necessary to effect transfer of payment. Where the garnishee fails or refuses to make delivery of the defendant's property, the marshal should notify the plaintiff's attorney.
Remedies are available, but only by a special proceeding in court.
The marshal does not institute this proceeding. It is brought by the judgment creditor or his attorney. However, this may be done only at the direction of the plaintiff, and he must provide the marshal with indemnity against wrongful levy to the satisfaction of the marshal or the court. As with a property execution, a marshal need not actually take the property into his possession, but must at least exercise dominion and control over the property. Once a marshal has attached the defendant's property, it is his responsibility to keep safe all property attached, or debts paid him, in order to satisfy any judgment that may be obtained against the defendant.