§ 25-1029.Garnishment; property; delivery into court; bond in lieu of delivery.

Once a garnishee answers truthfully and admits holding property or owing a debt, section 25-1029 sets out what the court can do about it. If the garnishee’s answer shows that, at the time of service, the garnishee possessed property belonging to the defendant or owed the defendant money, the court has two options. It may order the garnishee to deliver the property and pay the amount owed into court. Or it may let the garnishee keep the property or the money, on condition that the garnishee executes an undertaking to the plaintiff, backed by one or more sufficient sureties, promising the amount will be paid or the property produced as the court directs.

The section adds the same flexibility on sureties found elsewhere in this article. If the garnishee presents specific facts, by affidavit or otherwise, showing that sureties are not necessary to guarantee payment or the delivery of the property, the court may let the garnishee execute the undertaking alone.

This bond arrangement lets a garnishee keep operating — a bank does not have to freeze an account outright, an employer does not have to hand over wages immediately — while still giving the plaintiff security that the disclosed debt or property will not disappear before the case is resolved.