PROCEDURE OF LEVY OF THE DEBTOR’S PROPERTY HELD BY THE THIRD PARTY (GARNISHMENT) IN THE UNITED STATES OF AMERICA

In the United States of America, the main way to enforce court’s judgement is through execution; however, the other post judgment remedies are more popular, in particular, procedure of levy of the debtor’s property held by the third party (garnishment proceedings). This article reveals the content of the notion of “garnishment process„, and explores all the options for translating this term presented in Russian legal literature. In addition, the author of the article gives his own version of the translation of the concept of “garnishment„. This article explores the implementation procedure of levy of the debtor’s property held by the third party, namely, the procedure of applying for a garnishment order (judicial order for recovering debtor’s property held by the third party), the procedure for sending a copy of the garnishment order to the judgement debtor and the third party, the content of the third party’s response to the writ of garnishment, the procedure for submitting objections to the third party’s response, the procedure for submitting objections to the third party’s response, the procedure for issuing a disposition order, the grounds for terminating the garnishment procedure and some features of the garnishment procedure depending on state laws. The author pays attention to some of the advantages inherent in the procedure of levy of the debtor’s property held by the third party (garnishment process). The initiator and the central link of the garnishment procedure is the judgement creditor. In most cases, levying officers do not take any part in the garnishment procedure. The rules of procedure do not require a separate court hearing and allows saving time and legal costs.

enforcement of judgements, execution, garnishment, writ of garnishment, garnishor, garnishee, judgement creditor, judgement debtor, third party, procedure of levy.

Kletsenko S. S. Procedure of levy of the debtor’s property held by the third party (garnishment) in the United States of America. Business. Education. Law, 2020, no. 2, pp. 297–300. DOI: 10.25683/VOLBI.2020.51.280.