Service of Process
Writ of Garnishment
A writ of garnishment is a process by which the court orders the seizure
or attachment of the property of a defendant or judgment debtor in the
possession or control of a third party. The garnishee is the person or
corporation in possession of the property of the defendant or judgment
debtor.
Background: In accordance with Rule 64 of the Federal Rules of Civil
Procedure, a writ of garnishment may be issued pre- or post-judgment,
according to state law and practice. The requesting party may be
required to provide an indemnity bond and an advance deposit to cover
the U.S. Marshal's estimated out-of-pocket expenses. Under Rule 69 of
the Federal Rules of Civil Procedure, any process issued to enforce a
judgment for the payment of money is called a writ of execution.
Consequently, in federal practice, there are no post-judgment writs of
attachment or garnishment. Rather, the writ of attachment is denominated
a writ of execution. Regardless of this denomination, however,
enforcement of the writ is governed by state law as applicable to the
analogous state law writ and procedure. Thus, a writ issued by a federal
district court in Florida for enforcement of a judgment by garnishment
will be called a writ of execution, but the U.S. Marshals Service will
enforce the writ according to Florida state procedures for garnishment.
Territorial Limits: The writ is normally limited to execution within the
state in which the district court is located unless extended by federal
statute, rule or court order.
Issued By: The clerk of the U.S. District or Bankruptcy Court will issue
the writ, under seal, at the request of a party, upon order of a judge.
Served By: Agency
for Civil Enforcement Corporation a Nationwide Service of process
provider.
Manner of Service: The writ may be served on the person named or his or
her agent. Where a corporation is the named garnishee, we may serve the
president, vice president, an officer, or any person authorized to
accept service on behalf of the corporation.
Return: The individual who effects service will provide proof of service
by recording on the writ a description of the action taken in accordance
with the instructions contained in it.
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