Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some part thereof, as exempt from garnishment, levy, or sale. Upon the filing of such answer, the clerk or justice of the peace shall issue a summons or make publication, if defendant be shown by oath to be absent from the state, for the defendant, notifying him of the garnishment and the answer, and requiring him to assert his right to the exemption. Proceedings against the garnishee shall be stayed until the question of the debtor's right to the exemption be determined. If the defendant fail to appear, judgment by default may be taken against him, adjudging that he is not entitled to the property or debt as exempt; but if he appear, the court shall, on his motion, cause an issue to be made up and tried between him and the plaintiff.
Codes, 1892, § 2139; 1906, § 2346; Hemingway's 1917, § 1941; 1930, § 1847; 1942, § 2799.
Notes of Decisions
Triplett v. Brunt-Ward Chevrolet, 812 So. 2d 1061 (Miss. Ct. App. 2001).
· cites it 8× “The statutory procedures for a garnishment are set out in Sections 11-35-1 through 11-35-61 of the Mississippi Code of 1972. These procedures are clear that the judgment debtor is not a necessary party to a garnishment proceeding unless the garnishee affirmatively suggests in…”
Finberg v. Sullivan, 634 F.2d 50 (3rd Cir. 1980).
“Miss.Code Ann. § 11-35-33. The proceedings are then stayed until the exemption claim is determined.”
Folse v. Stennett-Yancey, 757 So. 2d 989 (Miss. 2000).
· cites it 4× “Section 11-35-33 provides further: Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some…”
Glenn Folse v. Paula N Stennett-Yancey (Miss. 1997).
· cites it 9× “As grounds for this motion, Folse alleged that he never received the 30 day notice required by Miss. Code Ann. §11-35-33 (1972) nor was he provided the three days written notice of entry of default mandated by M.”
Glenn Folse v. Paula N Stennett-Yancey (Miss. 1997).
· cites it 5× “Section 11-35-33 provides further: Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some…”
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