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August 11, 2026 - 5:18 PM

Understanding Garnishee Proceedings

Garnishee proceedings are a legal process where a creditor seeks to recover debts from a debtor by attaching or seizing funds or assets held by a third party (the garnishee) on the debtor’s behalf.

The primary purpose of garnishee proceedings is to enable creditors to recover debts when debtors fail to pay voluntarily.

Key parties involved:

1. Creditor: The party owed money by the debtor.

2. Debtor: The party owing money to the creditor.

3. Garnishee: A third party holding funds or assets belonging to the debtor (e.g., bank, employer).

Types of garnishee proceedings:

1. Garnishee order: Court order directing the garnishee to pay funds directly to the creditor.

2. Garnishee attachment: Seizure of debtor’s assets or funds held by the garnishee.

Garnishee proceedings typically involve:

1. Application: Creditor applies for garnishee order/attachment.

2. Court order: Court grants garnishee order/attachment.

3. Service: Order/attachment served on garnishee.

4. Compliance: Garnishee complies by paying funds or seizing assets.

Objectives of garnishee proceedings

1. Debt recovery

2. Enforcement of court judgments

3. Protection of creditor’s interests

Relevant laws and rules (Nigeria):

1. Sheriffs and Civil Process Act (Cap S6, LFN 2004)

2. Federal High Court (Civil Procedure) Rules (2019)

3. Rules of Court (varies by state)

International equivalents:

1. United States: Wage garnishment, bank levy

2. United Kingdom: Third-party debt order, garnishee order

3. Canada: Garnishment, seizure

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