Property in possession of garnishee

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  • In the case of property in the possession of or owing from any garnishee mentioned in section 265 of this title, the marshal shall proceed as follows:
    • (1) If it appears from the certificate of the garnishee that he owes a debt to the judgment debtor, which is then due, if such debt is not paid by such garnishee to the marshal on demand, he shall levy on the property of the garnishee for the amount thereof, in all respects as if the execution was against the property of the garnishee. But if such debt is not then due, the marshal shall sell the same according to the certificate, as other property.

    • (2) If in like manner it appears that the judgment debtor has rights or shares in the stock of the garnishee, as provided in section 265 of this title, the marshal shall sell the same according to the certificate as other property.

    • (3) If in like manner it appears that the garnishee has other personal property of the judgment debtor in his possession, and the same has not been bailed to such garnishee for a period then unexpired, unless the same is delivered to the marshal on demand he shall levy upon the same wherever he may find it. But if such property is in the possession of such garnishee, upon a bailment then unexpired, the marshal shall sell the same, or the interest of the judgment debtor therein, according to the certificate, as other property.


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