Method of Effecting — Answer

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Attachment by Garnishment
  5. Method of Effecting — Answer

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  1. 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 defendant or such other person is required to appear at the return term of the attachment, or before a judge of the court of general sessions, at a time and place fixed, to answer such questions as may be asked the defendant or such other person touching the property and effects of the defendant.
  2. The garnishee may appear and make an answer initially either in person or by filing a written answer.

Code 1858, § 3479 (deriv. Acts 1794, ch. 1, § 22; 1815, ch. 20, §§ 1, 3); Shan., § 5239; Code 1932, § 9430; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-703; Acts 1986, ch. 761, § 2.

Cross-References. Alias writs, §29-6-125.

Appearance and answer by garnishee, §26-2-204.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 338.

Tennessee Jurisprudence, 3 Tenn. Juris., Attachment and Garnishment, §§ 152, 174.

Law Reviews.

Commencing an Action by Garnishment, 23 Tenn. L. Rev. 211.

Cited: First Tenn. Bank Nat'l Ass'n v. Warner (In re Warner), 191 B.R. 705, 1996 Bankr. LEXIS 332 (Bankr. W.D. Tenn. 1996).


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