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
