In what circumstances will a garnishee be able to access the property of a judgment debtor in the possession of a third person?

California, United States of America


The following excerpt is from Evans v. Paye, 32 Cal.App.4th 265, 37 Cal.Rptr.2d 915 (Cal. App. 1995):

In this respect, the holding in Thomas was similar to that in Parker v. Page (1869) 38 Cal. 522, which construed an earlier statutory scheme (sections 243 and 244 of the Practice Act enacted in 1851) addressing a judgment creditor's ability to reach property of the judgment debtor in the possession of a third person. 11 Pointing to the plain language of section 244 of the Practice Act (see fn. 11, ante ), the third person in Parker argued: "when it is alleged that [32 Cal.App.4th 279] the garnishee is indebted to the judgment debtor, or has in his hands property belonging to him, if the

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