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Answers to Attachment and Garnishment

Garnishment is the collection of a monetary judgment against a defendant by ordering a third party (garnishee) to pay money directly to the plaintiff otherwise owed to the defendant.  USCS Admiralty and Maritime Claims R B enable the court to attach property of a defendant up to the value of the suit.

According to USCS Admiralty and Maritime Claims R B(3), a garnishee must serve an answer, together with answers to any interrogatories served with the complaint within 21 days after service of process upon the garnishee.  The plaintiff can obtain compulsory process against a garnishee who refuses or neglects to answer on oath as to debts, credits, or other effects of the defendant in his/her hands.  This is applicable where to any interrogatories concerning these matters propounded by the plaintiff.

A garnishee who admits debts, credits, or effects of the defendants can either hold them or pay them into the registry of the court upon the further order of the court.[i] Whereas, a defendant must serve an answer within 30 days after the execution of process either by attachment of property or service on the garnishee.

[i] USCS Admiralty and Maritime Claims R B

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