1. A judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party. • A plaintiff initiates a garnishment action as a means of either prejudgment seizure or postjudgment collection. [Cases: Federal Civil Procedure 601; Garnishment 64, 118.]
“Garnishment is a[n] … inquisitorial proceeding, affording a harsh and extraordinary remedy. It is an anomaly, a statutory invention sui generis, with no affinity to any action known to the common law…. It is a method of seizure; but it is not a ‘levy’ in the usual acceptation of that term. It is a proceeding by which a diligent creditor may legally obtain preference over other creditors; and it is in the nature of a creditor’s bill, or a sequestration of the effects of a debtor in the hands of his debtor.” 38 C.J.S. Garnishment § 3, at 248–50 (2003).
wrongful garnishment.
1. An improper or tortious garnishment. [Cases: Garnishment 122, 248.]
2. A cause of action against a garnisher for improperly or tortiously filing a garnishment proceeding. [Cases: Federal Civil Procedure 601; Garnishment 174.]
2. The judicial order by which such a turnover is effected. Cf. ATTACHMENT (1); SEQUESTRATION(1).
