Garnishment; certificate; order for examination of garnishee

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  • (a) Whenever the marshal with a writ of attachment against the defendant, applies to any person or officer mentioned in paragraph (3) of section 256 of this title, for the purpose of attaching any property mentioned therein, such person or officer shall furnish him with a certificate designating the amount and shall give a description of any property in his possession belonging to the defendant or any debt owing to the defendant, or the number of rights or shares of the defendant in the stock of the association or corporation, with any interest or profits or encumbrance thereon. If such person or officer refuses to do so, or if the certificate when given is unsatisfactory to the plaintiff, he may be required by the court in which the action is pending, to appear before the court and be examined on oath concerning the same, and disobedience to such order may be punished as contempt.

  • (b) The order provided for in subsection (a) of this section shall require such person or officer to appear before such court at a time and place therein stated. In the proceedings thereafter upon such order such person or association or corporation shall be known as the garnishee.

  • (c) Personal property mentioned in paragraph (3) of section 256 of this title may be delivered, transferred, or paid to the marshal without an action, and his receipt shall be sufficient discharge.

  • (d) At any time before judgment the garnishee may discharge himself by delivering, transferring, or paying the property to the marshal.


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