2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - PARTICULAR PROCEEDINGS (§§ 2201 - 4105)
Chapter 176 - FEDERAL DEBT COLLECTION PROCEDURE (§§ 3001 - 3308)
Subchapter C - POSTJUDGMENT REMEDIES (§§ 3201 - 3206)
Section 3205 - Garnishment
|Publication Title||United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE
SUBCHAPTER C - POSTJUDGMENT REMEDIES
Sec. 3205 - Garnishment
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||Added Pub. L. 101-647, title XXXVI, §3611, Nov. 29, 1990, 104 Stat. 4956.|
|Statutes at Large Reference||104 Stat. 4956|
|Public Law Reference||Public Law 101-647|
(A) the judgment debtor's name, social security number (if known), and last known address;
(B) the nature and amount of the debt owed and the facts that not less than 30 days has elapsed since demand on the debtor for payment of the debt was made and the judgment debtor has not paid the amount due; and
(C) that the garnishee is believed to have possession of property (including nonexempt disposable earnings) in which the debtor has a substantial nonexempt interest.
(A) If the property consists of a right to or share in the stock of an association or corporation, or interests or profits therein, for which a certificate of stock or other negotiable instrument is not outstanding, the corporation, or the president or treasurer of the association shall be the garnishee.
(B) If the property consists of an interest in a partnership interest, any partner other than the debtor shall be the garnishee on behalf of the partnership.
(C) If the property or a debt is evidenced by a negotiable instrument for the payment of money, a negotiable document of title or a certificate of stock of an association or corporation, the instrument, document, or certificate shall be treated as property capable of delivery and the person holding it shall be the garnishee, except that—
(i) subject to clause (ii), in the case of a security which is transferable in the manner set forth in State law, the entity that carries on its books an account in the name of the debtor in which is reflected such security shall be the garnishee; and
(ii) notwithstanding clause (i), the pledgee shall be the garnishee if such security is pledged.
(A) The nature and amount of the debt, and any cost and interest owed with respect to the debt.
(B) The name and address of the garnishee.
(C) The name and address of counsel for the United States.
(D) The last known address of the judgment debtor.
(E) That the garnishee shall answer the writ within 10 days of service of the writ.
(F) That the garnishee shall withhold and retain any property in which the debtor has a substantial nonexempt interest and for which the garnishee is or may become indebted to the judgment debtor pending further order of the court.
(A) an instruction explaining the requirement that the garnishee submit a written answer to the writ; and
(B) instructions to the judgment debtor for objecting to the answer of the garnishee and for obtaining a hearing on the objections.
(A) whether the garnishee has custody, control or possession of such property;
(B) a description of such property and the value of such interest;
(C) a description of any previous garnishments to which such property is subject and the extent to which any remaining property is not exempt; and
(D) the amount of the debt the garnishee anticipates owing to the judgment debtor in the future and whether the period for payment will be weekly or another specified period.
The garnishee shall file the original answer with the court issuing the writ and serve a copy on the debtor and counsel for the United States.
(B) Within 10 days after the garnishment terminates, the United States shall give a cumulative written accounting to the judgment debtor and garnishee of all property it receives under a writ of garnishment. Within 10 days after such accounting is received, the judgment debtor or garnishee may file a written objection to the accounting and a request for hearing. The party objecting shall state grounds for the objection. The court shall hold a hearing on the objection within 10 days after the court receives the request for a hearing, or as soon thereafter as is practicable.
(A) a court order quashing the writ of garnishment;
(B) exhaustion of property in the possesion,1 custody, or control of the garnishee in which the debtor has a substantial nonexempt interest (including nonexempt disposable earnings), unless the garnishee reinstates or reemploys the judgment debtor within 90 days after the judgment debtor's dismissal or resignation; or
(C) satisfaction of the debt with respect to which the writ is issued.
(Added Pub. L. 101–647, title XXXVI, §3611, Nov. 29, 1990, 104 Stat. 4956.)
1 So in original. Probably should be “possession,”.
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