HERB HARRIS, ETC., APPELLANT,
v.
ANTHONY J. NICHOLSON, ET AL., APPELLEES
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Harris, a trustee in bankruptcy and individual, was sued in garnishment by creditors seeking to recover a judgment against the judgment debtor. The court reversed the garnishment judgment against Harris in all capacities because the evidence failed to establish that Harris was indebted to the judgment debtor or held funds on the debtor's behalf.
Harris should not have been subjected to liability in any capacity. His answer to the writ of garnishment was clearly sufficient because he was not indebted to Kellin, was not holding funds on Kellin's behalf, and the writ was never directed to him as trustee in bankruptcy.
[1] A judgment against a garnishee is improper where the record fails to establish that the garnishee is indebted to the judgment debtor or holds property on the debtor's beh…
[2] A writ of garnishment must be specifically directed to the garnishee in the capacity in which they hold property or owe a debt for the garnishment to be effective against…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Harris' answer was clearly sufficient. At the time he was served with the writ, Harris was holding funds for the benefit of Sanitary Ice, and not for Kellin.”
Establishes that Harris's answer to the garnishment writ was sufficient because he held no funds on behalf of the judgment debtor.
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Join FLexlaw to unlock all legal intelligenceNicholson and Ariko obtained a judgment of $108,270.74 against Walter Kellin, the judgment debtor. Harris was served with a writ of garnishment in his…
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FRANK D. UPCHURCH, Jr., Judge.
This case arises from a garnishment action in which appellees Nicholson and Ariko obtained a judgment of $108,270.74 against appellant Herb Harris in his individual capacity, in his capacity as trustee for the individual property of Walter Kellin, the judgment debtor, and in his capacity as trustee in bankruptcy for Polar Chips International, Inc., a company operated by Kellin. We reverse because the record fails to support a judgment against Harris in any capacity.
Briefly stated, Harris was served with a writ of garnishment individually and as trustee of the individual property of Kellin. Harris answered the writ, claiming that he was not indebted to Kellin and knew of no one indebted to Kellin or who has any of his property or effects. At the trial below, there was no evidence that Harris was indebted to Kellin in his individual capacity or that he was the trustee of the individual property of Kellin. However, at the time he was served with the writ, Harris was the trustee in bankruptcy for Polar Chips, a company operated by Kellin, and had been ordered to pay the sum of $108,270.74 to Sanitary Ice, a third party who later joined in the bankruptcy proceedings. The court below found that Harris’ answer to the writ of garnishment was insufficient and imposed liability against Harris in all three capacities.
Harris’ answer was clearly sufficient. At the time he was served with the writ, Harris was holding funds for the benefit of Sanitary Ice, and not for Kellin. The writ was never directed to Harris as trustee in bankruptcy for Polar Chips.1 Since the evidence failed to establish that Harris was indebted to Kellin or that he was holding any funds on Kellin’s behalf; he should not have been subjected to liability in any capacity.
REVERSED.
COBB, C.J., and DAUKSCH, J., concur. . Harris attempted to have Nicholson and Ariko held in contempt of the bankruptcy court for their prosecution “of a garnishment action against Herb Harris, Trustee” in state court. The bankruptcy court discharged the rule to show cause on the basis that the property which Nicholson and Ariko sought to garnish was not the property of the debtor’s (Polar Chip’s) estate under the bankruptcy code.