Short answer. Five days to report, ten working days to pay. A garnishee such as a bank must file a written report with the court within five days from service of the notice, stating whether the debtor has sufficient funds. The garnished amount is then delivered to the winning party within ten working days.
What the law says
The garnishee shall make a written report to the court within five days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment.
Rule 39, Section 9 — Execution of judgments for money, how enforced. Read the full provision →
What the law says
The garnished amount in cash, or certified bank check issued in the name of the judgment obligee, shall be delivered directly to the judgment obligee within ten working days from service of notice on said garnishee requiring such delivery
Rule 39, Section 9 — Execution of judgments for money, how enforced. Read the full provision →
The five-day written report
Garnishment under Section 9 is effected by serving notice on the person holding the debt or credit, which in the ordinary case is a bank holding the judgment obligor's deposit. From service of that notice the garnishee has five days to make a written report to the court, stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. The duty is to report either way. If the funds are not sufficient, the report must still be made, and it must state how much the garnishee holds for the judgment obligor. That figure is what tells the court and the creditor whether to look elsewhere.
The ten working days to deliver
Reporting and paying are two separate steps on two separate clocks. Delivery runs from service of the notice requiring the garnishee to deliver, and the period is ten working days, not calendar days. The garnished amount is delivered directly to the judgment obligee, either in cash or by certified bank check issued in the name of the judgment obligee. The lawful fees are the exception: those are paid directly to the court rather than to the winning party. Beyond that, the executing sheriff follows the same delivery procedure that governs an ordinary payment on demand.
Garnishment reaches only what is needed
The notice does not freeze everything the garnishee holds. Section 9 limits the reach of the process: the garnishment shall cover only such amount as will satisfy the judgment and all lawful fees. What may be garnished is also broader than a bank balance. The provision covers debts due the judgment obligor and other credits, including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual delivery that sits in the possession or control of third parties. The common thread is that the property is held by someone other than the debtor.
When more than one garnishee holds funds
It is common for a judgment debtor to have money in several places. Where two or more garnishees hold deposits or credits sufficient to satisfy the judgment, the choice of which one pays belongs first to the judgment obligor, if available. Only if the obligor is not available does the choice pass to the judgment obligee. That ordering matters to a debtor who would rather a particular account be left intact, and it matters to a creditor who should not assume the selection is his to make. Either way the total collected remains capped at the judgment and lawful fees.