Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-18
Definition.

oOU0vSuOUs
Garnishment is a mode Of attach
ment; It ts the process OF selling the
property of debtor In the hands OF
some third party. The property may be
personally or an indebtedness but It
can not be realty. In other words, the
process Of garnishment 10 a warning
70 a person in whose hands the effects
of another are attached not 10 pay the
defendant (debtor) In his hands to the
defendant. but to abide by the order OF
| the court.
The Three Parties.
In a garnishment proceeding there
are always three parties: the plaintiff.
the defendant and the garnishee. The
plaintiff 10 the creditor. the defendant
the debtor and the garnlshee the third
party, who either owes the debtor or
holds some of the debtors personal
property.
Procedure.
II the plaintiff has already secured
Judgment against the defendant the
proceeding 10 really an execution OF the
Judgment whereas II Judgment 10 also
to be secured in the suit It 10 IN eject
an attachment proceeding. Therefore.
ia the former case the parties are often
spoken Of as execution plaintiff and
execution defendant whereas In the
latter case they are spoken OF as at
tachment plaintiff and attachment de-
fendant But the third party In each
instance is just called garnishee.
Garnishmen, issenected by notice
by the sheriff or constable In the form
OF an original notice forbidding the
garnishee paying any debt Of such de-
fendant due or to become due and re-
curing him to retain possessions OF all
property Of the defendant in his hands
or under his control to the end that the
same may be dealt with according TO
law. At the game time a notice II served
on the defendant in the same manner
as an original notice 10 served on the
defendant III the same manner as an
original notice that the property or
debt in question has been garntshed.
The plaintiff may in writing direct
the sheriff or constable to take the
answer OF the garnishee. The follow
ing questions are then put to the gar
nishee. The following questions are
then put to the garnishee: % Are you
in any manner indebted to the de-
PENDANT in this suit, or do you owe him
money or property which Is not yet
due? II so. state the particulars "
Have you in your POSSESSION or under
your control any property. rights or
credits OF the said defendants? II so.
what is the value Of the samee state
all particulars: 60 Do you know OF any
debts owing the said defendant,
whether due or not due. or any prop
erty. right or credits belonging to him
and now. in the possession or under
the control of others? This e1amina-
ton must be apprehended by the sherin
or constable TO the return on the OIL
ginal notice.
If the above named answers are not
required to be taken the original notice
shall cite the garnishee to appear on
the first day OF the next term. II the
main cause Is pending in court OF
record or not less than ten days there
after, II such court IL then in session.
or on the day set for trial. In
Justice court II the garnishee - duly
summoned. ana his witness fees TEND
cred when demanded. he fails to APP
pear and answer tho interrogatories
propounded to him without sufficient
excuse, he shall be presumed to be IN :
debted to the defendant for the full
amount of the plaintiffs demand for
mere failure to appear. but no juds-
ment shall be rendered against him un-