§ 2405. — Garnishment.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2405]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
Sec. 2405. Garnishment
In any action or suit commenced by the United States against a
corporation for the recovery of money upon a bill, note, or other
security, the debtors of the corporation may be summoned as garnishees.
Any person so summoned shall appear in open court and depose in writing
to the amount of his indebtedness to the corporation at the time of the
service of the summons and at the time of making the deposition, and
judgment may be entered in favor of the United States for the sum
admitted by the garnishee to be due the corporation as if it had been
due the United States. A judgment shall not be entered against any
garnishee until after judgment has been rendered against the
corporation, nor until the sum in which the garnishee is indebted is
actually due.
When any garnishee deposes in open court that he is not and was not
at the time of the service of the summons indebted to the corporation,
an issue may be tendered by the United States upon such deposition. If,
upon the trial of that issue, a verdict is rendered against the
garnishee, judgment shall be entered in favor of the United States,
pursuant to such verdict, with costs.
Any garnishee who fails to appear at the term to which he is
summoned shall be subject to attachment for contempt.
(June 25, 1948, ch. 646, 62 Stat. 971.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 748, 749, and 750 (R.S.
Secs. 935, 936, 937).
Changes were made in phraseology.
