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Garnishee (query for NAmericans)

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HVS - 31 Dec 2006 18:03 GMT
When I was in Leftpondia, we called the legal claiming of amounts
from someone's pay "garnishee-ing".  (AFAIK the term's not used in
the UK, where it's an "attachment of earnings".)

The verb was colloquially used in an entirely regular manner:  
"they're garnisheeing his pay";  "his pay has been garnisheed".  But
in another newsgroup that I read, the past tense is being spelled --
by more than one poster -- as "garnished".

Is this usual now -- that is, do people say that an "attachment of
earnings" is a "garnish" -- or would someone who writes "garnished"
probably pronounce is as "garnisheed"?

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Cheers, Harvey

Canadian and British English, indiscriminately mixed
For e-mail, change harvey.news to harvey.van

Pat Durkin - 31 Dec 2006 18:20 GMT
> When I was in Leftpondia, we called the legal claiming of amounts
> from someone's pay "garnishee-ing".  (AFAIK the term's not used in
[quoted text clipped - 8 lines]
> earnings" is a "garnish" -- or would someone who writes "garnished"
> probably pronounce is as "garnisheed"?

Yes.  I don't hear the word nowadays, so I think maybe "attachment" is
used.  There was also "garnishment", which is used, I think, in the
court documents.

It is possible that the use of the everyday term, garnishee (etc) has
dropped out of circulation (if it has) is that such topics can be
"confidential", and not available for job applications, and the like.
Most often, the garnishment was either a recovery of support in the case
of court ordered separation, divorce, etc. or was done as a way of
avoiding a jail sentence (especially for the wage-earner in a family).
Thus, these civil charges would not be an impediment to the obtaining of
a job for these people.
The prospective employer, not wishing the extra court orders, paying the
money to other than an employee, for example, would not like that.

Some people lost their long-term employment because of this.  (For
example, my father had to pay support and court costs, while still
married to my mother.  But he was a drunk and his employers were more
likely to fire him because of the drinking and family disturbance, than
the court entanglement.  The employer was being given power to make
moral judgements, rather than simply be an enforcing agent of the court.
This is pretty much of a mish-mash, so I hope Mr. Lieblich would explain
more.  I am particularly unsure of the civil rights/job rights area.)
Blinky the Shark - 31 Dec 2006 18:23 GMT
> When I was in Leftpondia, we called the legal claiming of amounts from
> someone's pay "garnishee-ing".  (AFAIK the term's not used in the UK,
[quoted text clipped - 8 lines]
> earnings" is a "garnish" -- or would someone who writes "garnished"
> probably pronounce is as "garnisheed"?

I think it's just degenerated to "garhish[ed]".  At least I think of
that as degeneration.  Maybe it's not.  As for garnishing one's wages, a
little cilantro on the ol' paycheck goes a long way.

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Blinky the Shark - 31 Dec 2006 21:04 GMT
>> When I was in Leftpondia, we called the legal claiming of amounts from
>> someone's pay "garnishee-ing".  (AFAIK the term's not used in the UK,
[quoted text clipped - 10 lines]
>
> I think it's just degenerated to "garhish[ed]".  At least I think of

"garnish[ed]" for heaven's sake.

> that as degeneration.  Maybe it's not.  As for garnishing one's wages, a
> little cilantro on the ol' paycheck goes a long way.

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Prai Jei - 31 Dec 2006 19:06 GMT
HVS (or somebody else of the same name) wrote thusly in message
<Xns98AAB875980B6whhvans@62.253.170.163>:

> When I was in Leftpondia, we called the legal claiming of amounts
> from someone's pay "garnishee-ing".  (AFAIK the term's not used in
[quoted text clipped - 8 lines]
> earnings" is a "garnish" -- or would someone who writes "garnished"
> probably pronounce is as "garnisheed"?

I have heard of "garnishee" over here in the UK. It's a rarely-used legal
procedure, a sort of last-chance saloon used mainly by the Inland Revenue.
It's different apparently to an "attachment to earnings", though since the
end result is the same ([even more] money disappears from one's salary
before one gets it) I'm not certain what the difference is.

One possibility is that a garnishee extracts the entire amount due in one
lump, while an A2E extracts it in instalments.
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Mike Lyle - 31 Dec 2006 19:38 GMT
> HVS (or somebody else of the same name) wrote thusly in message
> <Xns98AAB875980B6whhvans@62.253.170.163>:
[quoted text clipped - 20 lines]
> One possibility is that a garnishee extracts the entire amount due in one
> lump, while an A2E extracts it in instalments.

I've heard of it in UK -- it was on a TV prog years ago when Peter
Barkworth was a bank manager. The Dept of Constitutional Affairs
website stoppeed for me after:
"Garnishee Orders
Purpose
To secure payment of a debt by freezing and seizing (attaching) money
owed or payable by a third party (the garnishee) to the debtor. The
third party"

But since there's a big bit about AOE before it, I deduce that
garnishee orders apply here to debtors other than employers. I suspect
we don't hear more about them because they're likely to be difficult to
get: if I owe X money, it's sometimes going to be quite easy for the
fact that Y owes _me_ money to, er, slip my mind when X applies for
disclosure of my assets and liabilities.

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Mike.

Jonathan Morton - 01 Jan 2007 17:40 GMT
>> HVS (or somebody else of the same name) wrote thusly in message
>> <Xns98AAB875980B6whhvans@62.253.170.163>:
[quoted text clipped - 31 lines]
> But since there's a big bit about AOE before it, I deduce that
> garnishee orders apply here to debtors other than employers.

That is absolutely right. And of course you have hinted at the most
basic example of a debt owed to the debtor - a credit balance in the
debtor's bank account. In practice, garnishee orders tend to be made
against banks or lawyers in respect of money held by them for the
original debtor.

Regards

Jonathan
the Omrud - 31 Dec 2006 19:37 GMT
HVS <harvey.news@ntlworld.com> had it:

> When I was in Leftpondia, we called the legal claiming of amounts
> from someone's pay "garnishee-ing".  (AFAIK the term's not used in
[quoted text clipped - 8 lines]
> earnings" is a "garnish" -- or would someone who writes "garnished"
> probably pronounce is as "garnisheed"?

AFAICR I learned this word from a Peanuts cartoon, although I can't
now recall the rest of the strip.  I think Snoopy was sitting atop
his kennel, typing;  part of the letter was "Garnishee Order!".

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David
=====

TakenEvent - 31 Dec 2006 20:06 GMT
> When I was in Leftpondia, we called the legal claiming of amounts
> from someone's pay "garnishee-ing".  (AFAIK the term's not used in
[quoted text clipped - 8 lines]
> earnings" is a "garnish" -- or would someone who writes "garnished"
> probably pronounce is as "garnisheed"?

Yes: garnish, garnished, garnishing.
Jeffrey Turner - 31 Dec 2006 20:09 GMT
> When I was in Leftpondia, we called the legal claiming of amounts
> from someone's pay "garnishee-ing".  (AFAIK the term's not used in
[quoted text clipped - 8 lines]
> earnings" is a "garnish" -- or would someone who writes "garnished"
> probably pronounce is as "garnisheed"?

Google returns 41,300 "garnish wages" to 1210 "garnishee wages."

--Jeff

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Skitt - 31 Dec 2006 20:47 GMT
>> When I was in Leftpondia, we called the legal claiming of amounts
>> from someone's pay "garnishee-ing".  (AFAIK the term's not used in
[quoted text clipped - 10 lines]
>
> Google returns 41,300 "garnish wages" to 1210 "garnishee wages."

Garnishee wages are less than before the garnishee had them garnished,
innit?
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HVS - 31 Dec 2006 21:28 GMT
On 31 Dec 2006, HVS wrote

> When I was in Leftpondia, we called the legal claiming of
> amounts from someone's pay "garnishee-ing".  (AFAIK the term's
[quoted text clipped - 8 lines]
> of earnings" is a "garnish" -- or would someone who writes
> "garnished" probably pronounce is as "garnisheed"?

I'll post a generalised thanks for responses -- I guess it is,
indeed, a term that's changed since I was there.

I suspect Blinky's right in seeing it as a (predictable and normal)
degradation of a narrowly-specialised term to a more familiar one.

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Cheers, Harvey

Canadian and British English, indiscriminately mixed
For e-mail, change harvey.news to harvey.van

tinwhistler - 01 Jan 2007 00:10 GMT
> When I was in Leftpondia, we called the legal claiming of amounts
> from someone's pay "garnishee-ing".  (AFAIK the term's not used in
[quoted text clipped - 8 lines]
> earnings" is a "garnish" -- or would someone who writes "garnished"
> probably pronounce is as "garnisheed"?
[snip]

As a lawyer in Illinois, before retirement to CA, I had quite a lot of
experience with wage garnishments, wage attachments, and other
creditors' rights.  In Illinois, lawyers would say "they're garnishing
his pay" (not "garnisheeing" -- "garnishee" was a referemce tp the
employer-source of the wages in question).  An attachment of earnings
was different from a garnishment (not "a garnish") in that it applied
on an on-going basis, while a garnishment would apply to a particular
pay check -- the latter being a remedy much more easily obtained than
the on-going attachment.

Now I'll brace myself for hostile commentary.

Aloha ~~~ Ozzie Maland ~~~ San Diego
 
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