Overview
Introduction A garnishee proceeding is a post-judgment Court proceeding initiated specifically to enforce a monetary judgment obtained by the successful party, known as the judgment creditor, against the judgment debtor in the original action. A judgment creditor who has obtained a monetary judgment against the judgment debtor initiates this proceeding to compel a named third party, who is in possession of funds belonging to the judgment debtor, to pay over the sum in its possession in satisfaction of the judgment.
The garnishee proceeding evolves from a two-party proceeding in the original action — that is, between the Plaintiff and the Defendant — into a three-party proceeding, involving third parties, usually Banks, which are referred to as the garnishees - albeit the principal parties in the proceeding are the judgment creditor and the garnishees. This type of proceeding has been determined to be separate and distinct from the original action culminating in the judgment during which two types of orders are made – that is, a garnishee order nisi and a garnishee order absolute.
The Role of the Garnishee in a Garnishee ProceedingThe garnishees are necessary parties to the proceedings because they are presented by the judgment creditor in its motion ex-parte for a garnishee order nisi to the Court as third parties whom the judgment creditor reasonably believes have funds belonging to the judgment debtor in their possession, which may be applied to satisfy the monetary judgment obtained by the judgment creditor in the original action. Since the garnishees (usually Banks) are in a debtor–creditor relationship with their customers in the banking process, they are usually notified as debtors of their customers, who are judgment debtors, to attach such debts owed to the judgment debtor customers to satisfy the monetary judgment. It is useful to clarify that garnishees are not necessarily banks.
They are any person who is in possession of funds standing to the credit of a judgment debtor which may be used to satisfy the judgment debt.
