What is a garnishment in civil law?
A garnishment in civil law is a court order that requires a third party to turn over money or property that belongs to a debtor (the person who owes money). In South Dakota, a garnishment is typically issued by a court if a creditor (the person to whom money is owed) has won a judgment against the debtor in a lawsuit. This allows the creditor to collect money or property that the debtor owns without having to pursue the debtor directly. A garnishment is only issued in civil cases, which generally involve disputes between two parties, such as disputes between a landlord and tenant, or between two businesses. The creditor will file the necessary court documents to start a civil suit against the debtor. If they win the lawsuit, the court will then issue a garnishment order. The garnishment order requires the third party, known as the garnishee, to turn over money or property that belongs to the debtor. This could include a portion of the debtor’s paycheck, money in a bank account, or property owned by the debtor. The garnishee is legally obligated to comply with the garnishment order and turn over the money or property. Garnishments are an important tool for creditors to recoup their losses in a civil case. In South Dakota, however, there are certain limits on the amount of money that can be garnished in a single case, in order to ensure that the debtor has enough money to live on while paying the debt.
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