§3104 Garnishment

Summary

A court can order someone who holds a debtor’s property (but not the debtor’s wages) to turn it over to pay a debt if the earlier legal requirements are met. Co-owned property is handled the same way the state law treats co-ownership. The court can issue separate orders to several holders at once. The order stays in effect until rules say it ends. Most rules for garnishment elsewhere apply here, except wages can’t be taken and “judgment debtor” is read as “debtor.” When the United States asks for a garnishment, it must say how much it claims and the date of the order. The court cannot take more value than the debt plus likely interest and costs, minus the debtor’s nonexempt share of any property securing the debt and any property already attached, in receivership, or income sequestered under this part.