Garnishment does not always involve adding thin orange slices or radishes shaped like roses to your favorite dish. Garnishment is also a mechanism under the Pennsylvania Rules of Civil Procedure where a judgment creditor (the person who holds the judgment) can have his debt paid with money or property of the defendant held by a third party. For example, the money in a bank account belongs to the judgment debtor and yet it is in the possession of his bank, a third party. In this example, the bank is the garnishee. Less obvious examples of potential garnishees include persons who owe a debt to the defendant; have property of the defendant; hold property as a fiduciary in which the defendant has an interest; hold legal title to property of the defendant; or hold real property in which the defendant has a lien, mortgage, or other interest.
Garnishment is a useful way for a judgment creditor to collect because the garnishee normally has little incentive to resist paying the money or turning over the property, because it does not belong to the garnishee.
The procedure for garnishment is straightforward. The first and often most difficult step is to obtain your judgment. Once the judgment is secured the judgment creditor obtains a writ of execution from the Prothonotary (Pennsylvania’s name for clerk of the court). The writ directs the Sheriff to levy upon and sell the judgment debtor’s property and to attach property in the possession of the named garnishee. The Sheriff serves the writ and informs the garnishee that any property in the garnishee’s possession belonging to the judgment debtor is “attached” and that the garnishee cannot pay any money out of the account or release any of the property. The account is frozen. Along with the writ, the Sheriff serves interrogatories in attachment which the garnishee is required to answer within 30 days. The interrogatories are written questions about the nature and extent of the property of the defendant in the possession of the garnishee. If the garnishee indicates in his answer that he has money or property of the judgment debtor, a new judgment is entered against the garnishee.
At this point, the smart garnishee will withdraw the money from the debtor’s account and issue a check in satisfaction of the judgment. Occasionally, a garnishee needs a little more prodding, and this can be accomplished by issuing a writ of execution against the garnishee and instructing the Sheriff to levy on and sell the property of the garnishee to satisfy the judgment. It is even possible to garnish the accounts that belong to a recalcitrant garnishee! Usually, banks doing business in Pennsylvania make payment promptly before it comes to that, though out-of-state entities may require a more aggressive approach.
There are exceptions to the types of property which can be garnished, for example: wages, most retirement benefits, and IRA’s usually cannot be garnished in Pennsylvania. Most other property is fair game, however.
Remember, garnishment can add color to otherwise lifeless dishes and also be a powerful collection tool for the judgment creditor!
Garnishment is a useful way for a judgment creditor to collect because the garnishee normally has little incentive to resist paying the money or turning over the property, because it does not belong to the garnishee.
The procedure for garnishment is straightforward. The first and often most difficult step is to obtain your judgment. Once the judgment is secured the judgment creditor obtains a writ of execution from the Prothonotary (Pennsylvania’s name for clerk of the court). The writ directs the Sheriff to levy upon and sell the judgment debtor’s property and to attach property in the possession of the named garnishee. The Sheriff serves the writ and informs the garnishee that any property in the garnishee’s possession belonging to the judgment debtor is “attached” and that the garnishee cannot pay any money out of the account or release any of the property. The account is frozen. Along with the writ, the Sheriff serves interrogatories in attachment which the garnishee is required to answer within 30 days. The interrogatories are written questions about the nature and extent of the property of the defendant in the possession of the garnishee. If the garnishee indicates in his answer that he has money or property of the judgment debtor, a new judgment is entered against the garnishee.
At this point, the smart garnishee will withdraw the money from the debtor’s account and issue a check in satisfaction of the judgment. Occasionally, a garnishee needs a little more prodding, and this can be accomplished by issuing a writ of execution against the garnishee and instructing the Sheriff to levy on and sell the property of the garnishee to satisfy the judgment. It is even possible to garnish the accounts that belong to a recalcitrant garnishee! Usually, banks doing business in Pennsylvania make payment promptly before it comes to that, though out-of-state entities may require a more aggressive approach.
There are exceptions to the types of property which can be garnished, for example: wages, most retirement benefits, and IRA’s usually cannot be garnished in Pennsylvania. Most other property is fair game, however.
Remember, garnishment can add color to otherwise lifeless dishes and also be a powerful collection tool for the judgment creditor!
– Mike Malin