Day: April 29, 2014

Writ of Garnishment

A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.

Background: In accordance with Rule 64 of the Federal Rules of Civil Procedure, a writ of garnishment may be issued pre- or post-judgment, according to state law and practice. The requesting party may be required to provide an indemnity bond and an advance deposit to cover the U.S. Marshal’s estimated out-of-pocket expenses. Under Rule 69 of the Federal Rules of Civil Procedure, any process issued to enforce a judgment for the payment of money is called a writ of execution. Consequently, in federal practice, there are no post-judgment writs of attachment or garnishment. Rather, the writ of attachment is denominated a writ of execution. Regardless of this denomination, however, enforcement of the writ is governed by state law as applicable to the analogous state law writ and procedure. Thus, a writ issued by a federal district court in Florida for enforcement of a judgment by garnishment will be called a writ of execution, but the U.S. Marshals Service will enforce the writ according to Florida state procedures for garnishment. Continue Reading………..