Legal Definitions - writ of garnishment

Definition: A writ of garnishment is a legal order issued by a court that allows a creditor to seize or attach a debtor's property that is in the possession or control of a third party. The third party, known as the garnishee, is ordered to hold the property until the debt is paid off.

Example: Let's say John owes $10,000 to his creditor, and he has not paid it back. The creditor can file a writ of garnishment against John's bank account. The bank, which is the garnishee in this case, will be ordered to freeze John's account and hold the funds until the debt is paid off.

Another example: Mary has a judgment against her for $5,000. The creditor can file a writ of garnishment against Mary's employer. The employer, who is the garnishee in this case, will be ordered to withhold a portion of Mary's wages until the debt is paid off.

These examples illustrate how a writ of garnishment works. It allows a creditor to collect a debt by seizing the debtor's property that is in the possession of a third party. The third party is ordered to hold the property until the debt is paid off.