Paralegal Advanced Competency Exam (PACE) Practice Exam

A garnishee is defined as the party that possesses property or assets belonging to a debtor that are subject to garnishment. In legal terms, garnishment is a court-ordered process that allows a creditor to collect a debt by taking funds directly from a third party who has control over the debtor's assets. This third party—referred to as the garnishee—can include employers withholding wages or banks holding funds in a debtor’s account. This definition clarifies that the garnishee is not the debtor themselves, who owes the debt, or the creditor, who is attempting to collect it. It also distinguishes the garnishee from the enforcement agent, who merely carries out the garnishment procedure but does not hold the debtor's assets. Therefore, knowing the role of the garnishee is crucial in understanding how garnishment works in the collections process.