§3104 Garnishment

Summary

A court can order a seizure of a debtor’s property that someone else holds, but not the debtor’s wages, if the steps in section 3101 are met. If the property is co‑owned, the court follows the law of the state where the property is. The court may send separate garnishment orders to several holders at once. A garnishment order lasts until ended as described in section 3205(c)(10). Rules in section 3205(b)(2) and (c) apply here, except that a debtor’s earnings cannot be taken and references to a “judgment debtor” mean simply “debtor.” When the United States asks for garnishment, it must state the debt amount and the date the writ was issued. The amount taken cannot be more than the debt plus likely interest and costs after subtracting the debtor’s total nonexempt interest in (1) property that secures the debt and (2) property already attached, in receivership, or income sequestered under this subchapter.