Attention!
Partner with StudyLight.org as God uses us to make a difference for those displaced by Russia's war on Ukraine.
Click to donate today!

Bible Encyclopedias

The 1901 Jewish Encyclopedia

Garnishment

Additional Links

In law, the process by which A collects his demand from his debtor, B, by attaching money owing to B from a third person; hence called "Dritt-Arrest" in German law. The power of a court to enforce a judgment against B by collecting the debt of C to B and paying it to A, the judgment creditor, is asserted in a baraita (Ket. 19a) by R. Nathan, who rather quaintly derives the rule from Numbers 5:7. This rule is found in the codes ("Yad," Malweh, 2:6; Shulḥan 'Aruk, Ḥoshen Mishpaṭ, 86, 1-4). The process, however, is not to be resorted to until the court has found that B has no money, goods, or lands from which to satisfy the debt, just as in the law of most American states the garnishment process is used only after a return of "no property."

According to later opinions, first found in the Arba' Ṭurim and in Ḥoshen Mishpaṭ, 101, 5, a shorter process is allowed when the debtor holds a bond of a third person. The court may have it appraised, taking into consideration not only the third person's degree of solvency, but also his character (as a stubborn litigant or otherwise), and may turn the bond over to the creditor after the appraisement. The commentary "Be'er ha-Golah" on Ḥoshen Mishpaṭ expresses disapprobation of this course of procedure, but admits that it is well established in practise.

Bibliography:
  • Moses Bloch, Die Civil-Processordnung nach Mosaisch-Rabbinischen Rechte, p. 96.
S. S.
L. N. D.

Copyright Statement
These files are public domain.

Bibliography Information
Singer, Isidore, Ph.D, Projector and Managing Editor. Entry for 'Garnishment'. 1901 The Jewish Encyclopedia. https://www.studylight.org/encyclopedias/eng/tje/g/garnishment.html. 1901.

Search for…
Enter query in the box below:
Choose a letter to browse:
A B C D E F G H I J K L M N O P Q R S T U V W Y Z
Prev Entry
Garmu, b[ea]t
Next Entry
Gart, Joseph