Where property, choses in action, or effects of the debtor are in the hands of third persons, or third persons are indebted to such debtor, the attachment may be by garnishment. Code 1858, § 3478 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5238; Code 1932, § 9428; T.C.A. (orig. ed.), § 23-701.
Wages earned out of this state and payable out of this state shall be exempt from attachment or garnishment in all cases, where the cause of action arose out of this state, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actually served with process.
Attachment by garnishment is effected by informing the debtor of the defendant, or person holding the property of the defendant, that the property in the defendant’s hands, or the hands of the person holding the property of the defendant, is attached, and by leaving with the defendant or such other person a written notice that […]
The notice should also require the defendant not to pay any debt due by the defendant, or thereafter to become due, and to retain possession of all property of the defendant, then or thereafter in defendant’s custody or under defendant’s control, to answer the garnishment. Code 1858, § 3480; Shan., § 5240; Code 1932, § […]
The garnishee shall not be made liable upon a debt due by negotiable or assignable paper, unless such paper is delivered, or the garnishee completely exonerated or indemnified from all liability thereon, after the garnishee may have satisfied the judgment or decree. Code 1858, § 3495; Shan., § 5255; Code 1932, § 9446; T.C.A. (orig. […]
A copy of the notice served upon the garnishee should be returned by the officer, with the attachment and levy, duly executed. Code 1858, § 3481 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5241; Code 1932, § 9432; T.C.A. (orig. ed.), § 23-706. Collateral References. 6 Am. Jur. 2d Attachment and Garnishment § […]
The garnishee shall be examined as prescribed in § 26-2-204. Code 1858, § 3482; Shan., § 5242; Code 1932, § 9433; T.C.A. (orig. ed.), § 23-707; modified. Law Reviews. Commencing an Action by Garnishment, 23 Tenn. L. Rev. 211. Collateral References. 6 Am. Jur. 2d Attachment and Garnishment §§ 346-353, 360. 38 C.J.S. Garnishment §§ […]
The garnishee is allowed the compensation and privileges of a witness, for the garnishee’s attendance and answer, and all costs to be paid by the plaintiff. Code 1858, § 3490 (deriv. Acts 1826, ch. 17, § 1); Shan., § 5250; Code 1932, § 9441; T.C.A. (orig. ed.), § 23-708; modified.
If, upon the examination of any garnishee, it appears that there is any of the defendant’s estate in the hands or under the control of any person not summoned, the court shall, upon the motion of the plaintiff, grant attachment, to be levied on the estate in the hands or under the control of such […]
A garnishee, at any time after answer, may be exonerated from further responsibility by paying over and delivering to the officer or court, before or after the return of the attachment, the money and property of the defendant, or so much thereof as may be equal to the property directed to be attached. Such property […]
If the garnishee die after having been summoned in garnishment, and pending the litigation, the proceedings may be revived by or against the deceased garnishee’s representatives. Code 1858, § 3491 (deriv. Acts 1835-1836, ch. 77, § 1); Shan., § 5251; Code 1932, § 9442; T.C.A. (orig. ed.), § 23-711.
If it appears that the garnishee is indebted to the defendant, or has property and effects of the defendant subject to the attachment, the court may, in case recovery is had by the plaintiff against the defendant, give judgment against the garnishee for the amount of the recovery or of the indebtedness and property. Code […]
If the debt of the garnishee to the defendant is not due, execution will be suspended until its maturity. Code 1858, § 3485 (deriv. Acts 1835-1836, ch. 43, § 7); Shan., § 5245; Code 1932, § 9436; T.C.A. (orig. ed.), § 23-713.
If, when duly summoned, the garnishee fail to appear and answer the garnishment, the garnishee shall be presumed to be indebted to the defendant to the full amount of the plaintiff’s demand, and a conditional judgment shall be entered up against the garnishee accordingly. Code 1858, § 3486 (deriv. Acts 1794, ch. 1, § 22); […]
Upon this conditional judgment, a scire facias shall issue to the garnishee, returnable to the next term of the court, or to a day and place fixed before a general sessions judge, to show cause why final judgment should not be entered against the garnishee. Code 1858, § 3487 (deriv. Acts 1794, ch. 1, § […]
Upon the return of this scire facias duly served, or two (2) returns of “not to be found in my county,” the conditional judgment shall be made final, and execution issued accordingly. Code 1858, § 3488 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5248; Code 1932, § 9439; T.C.A. (orig. ed.), § 23-716. […]
The judgment in the garnishment suit, condemning the property or debt in the hands of the garnishee to the satisfaction of the plaintiff’s demand, is conclusive as between the garnishee and defendant. Code 1858, § 3493; Shan., § 5253; Code 1932, § 9444; T.C.A. (orig. ed.), § 23-717.
The garnishee against whom a judgment for money is rendered by a judge of the court of general sessions, is entitled to the stay of execution allowed by law on general sessions judge judgments. Code 1858, § 3494 (deriv. Acts 1851-1852, ch. 177, § 1); Shan., § 5254; Code 1932, § 9445; impl. am. Acts […]
An appeal lies in all garnishment cases, at the instance of the plaintiff, the defendant, or the garnishee. Code 1858, § 3492; Shan., § 5252; Code 1932, § 9443; T.C.A. (orig. ed.), § 23-719.
