Garnishor vs. Garnishee — What's the Difference?
By Fiza Rafique & Urooj Arif — Updated on April 7, 2024
A garnishor is an entity that issues a garnishment order, typically a creditor or court, whereas a garnishee is the third party, like a bank or employer, that holds the debtor's assets or wages and is ordered to withhold them.
Difference Between Garnishor and Garnishee
Table of Contents
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Key Differences
A garnishor is the party, often a creditor or a legal institution, that initiates a garnishment process to recover debts by legally seizing a debtor's assets or earnings. On the other hand, the garnishee is the entity, such as an employer or financial institution, that is in possession of the debtor's assets or wages and is mandated by the court to withhold and remit them to the garnishor as part of the debt recovery process.
The role of a garnishor is primarily to secure a court order that enables the garnishment of a debtor's assets or wages, demonstrating an active step in the debt collection process. Whereas, the garnishee acts passively, complying with legal obligations imposed by the garnishment order to withhold and forward the debtor's assets or wages to the garnishor.
The relationship between the garnishor and garnishee is defined and regulated by law, highlighting the procedural aspect of debt recovery. The garnishor must provide legal proof of the debt and obtain a garnishment order, while the garnishee must ensure that the withheld assets or wages do not exceed legal limits and are properly transferred to the garnishor.
In practice, the garnishor must accurately identify the garnishee (the employer, bank, or other holder of assets) in the garnishment order to ensure the correct withholding and transfer of funds. Conversely, the garnishee must verify the legitimacy of the garnishment order before proceeding with the withholding of assets, protecting the interests of both the debtor and the garnishor.
The legal rights and obligations of the garnishor include initiating garnishment proceedings and receiving the garnished funds, emphasizing their proactive role in debt collection. On the flip side, the garnishee's rights and obligations focus on compliance with the garnishment order, protecting the debtor's rights by not exceeding legal withholding limits, and disputing improper garnishment orders if necessary.
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Comparison Chart
Definition
The party initiating a garnishment order, usually a creditor or court.
The third party that holds the debtor's assets or wages and is ordered to withhold them.
Role in Garnishment
Actively seeks to recover debts by obtaining a court order to garnish assets.
Passively complies with the court order to withhold and remit assets to the garnishor.
Legal Relationship
Initiates legal proceedings for debt recovery.
Subject to legal proceedings, holds assets to be garnished.
Rights and Obligations
To prove debt and secure garnishment orders; to receive garnished funds.
To comply with garnishment orders; to protect debtor's rights by adhering to legal limits.
Interactions
Must identify and notify the garnishee of the garnishment order.
Must verify the garnishment order's legitimacy and withhold assets accordingly.
Compare with Definitions
Garnishor
A court issuing a garnishment order against a debtor.
The court served as the garnishor in ordering wage garnishment for child support.
Garnishee
The entity possessing assets to be garnished.
The credit union acted as the garnishee by withholding funds from the debtor's account.
Garnishor
Legal entity pursuing debt collection through garnishment.
The collection agency became the garnishor by filing for a garnishment order.
Garnishee
An employer ordered to withhold wages for garnishment.
The corporation was the garnishee in the employee's wage garnishment case.
Garnishor
The creditor initiating garnishment to recover a debt.
The bank acted as the garnishor to recover the outstanding loan balance.
Garnishee
Complies with legal orders to transfer debtor's assets.
The garnishee complied with the order, remitting the specified amount to the creditor.
Garnishor
The party seeking financial recovery from a debtor.
As the garnishor, the company sought to garnish the debtor's bank account.
Garnishee
A bank holding a debtor's accounts subject to garnishment.
As the garnishee, the bank was required to freeze the debtor's accounts.
Garnishor
Initiates garnishment to enforce a judgment.
The judgment creditor served as the garnishor to enforce the court's ruling.
Garnishee
Protects debtor's rights while obeying garnishment orders.
As the garnishee, the employer ensured the garnishment did not exceed legal limits.
Garnishor
(legal) A person who garnishes; one who obtains a garnishment against another.
Garnishee
A party who is in possession of money or property of a debtor and has been notified by a court or other legal body that that money or property must be made available to satisfy a monetary judgment to the party owed by the debtor.
Garnishee
To garnish.
Garnishee
(legal) the person whose money is garnished
Garnishee
To have (money) set aside by court order (particularly for the payment of alleged debts); to garnish.
Her bank account was garnisheed to pay an outstanding tax debt.
Garnishee
One who is garnished; a person upon whom garnishment has been served in a suit by a creditor against a debtor, such person holding property belonging to the debtor, or owing him money.
Garnishee
To make (a person) a garnishee; to warn by garnishment; to garnish.
Garnishee
Take a debtor's wages on legal orders, such as for child support;
His employer garnished his wages in order to pay his debt
Common Curiosities
What happens if a garnishee does not comply with a garnishment order?
Non-compliance can result in legal penalties, including being held liable for the amount that was supposed to be garnished.
What initiates the garnishment process?
The garnishor initiates the process by obtaining a legal garnishment order against the debtor.
Can a garnishee refuse to comply with a garnishment order?
A garnishee must comply with legal orders unless the order is successfully disputed or proven improper.
Can an individual be both a garnishor and a garnishee?
Typically, no, as these roles serve distinct functions within the garnishment process.
What legal protections do debtors have against garnishment?
Debtors are protected by laws that limit the amount that can be garnished and ensure due process is followed.
How does garnishment affect a debtor's relationship with their employer or bank?
Garnishment can strain relationships, but laws prohibit retaliation against debtors for garnishment.
What is the primary role of a garnishee?
To withhold and remit the debtor's assets or wages to the garnishor as mandated by a court order.
Is there a limit to how much can be garnished from a debtor's wages?
Yes, federal and state laws set limits to protect a portion of the debtor's income for basic needs.
How does a garnishor select a garnishee?
The garnishor selects a garnishee based on where the debtor's assets or wages are held or earned.
Does a garnishor need to prove the debt before garnishment?
Yes, the garnishor must provide evidence of the debt and obtain a court order to proceed with garnishment.
Can a garnishment order be contested?
Yes, both the debtor and the garnishee can contest the order if there are grounds to believe it is incorrect or unjust.
Are garnishors always creditors?
Mostly, though courts or other legal entities can also act as garnishors to enforce judgments.
What types of assets can be garnished?
Wages, bank account funds, and other personal property can be subject to garnishment.
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Written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Co-written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
