Section 3148. Content of judgment against garnishee; execution

(a) A judgment entered against the garnishee under Rules 3146(b) or 3147, shall

(1) be in the form of a money judgment if the garnishee owes a debt to the defendant;

(2) specify any other property of the defendant in the possession of the garnishee; and

(3) be in the form of a charging order in the case of attachment against a partnership interest.

(b) If a money judgment is entered against the garnishee the plaintiff may have execution against the garnishee generally for the amount of the judgment.

(c) If judgment is entered against the garnishee for specific property of the defendant determined to be in the possession of the garnishee, the plaintiff may have execution against the property. If the garnishee fails to make the property available to the sheriff for execution, the plaintiff upon leave of court may have execution against the garnishee generally for the amount of the plaintiff’s judgment against the defendant, together with interest and costs, unless the garnishee shows good cause for nonproduction of the property, or that its value is less than the amount of plaintiff’s judgment, interest and costs, in which event judgment shall be entered for the lesser amount.

(d) If the garnishee is found to have a lien upon the property, the rights of all parties may be enforced by a conditional verdict or order.

Official Note

Adopted March 30, 1960, effective November 1, 1960.