§ 1184.Disclaimer By Garnishee - Interpleading Interested Party
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1184
Amendment History
R.L. 1910, § 4834; Amended by Laws 1965, HB 877, c. 297, § 14.
Plain-English Summary
Sometimes a garnishee's answer reveals that the disclosed money or property isn't cleanly owed to the defendant at all, but claimed by someone else entirely. Section 1184 lets the court, on motion, order that third-party claimant interpleaded as a defendant to the garnishee action, once the answer names the claimant and gives a residence. Notice of that order, along with a copy and a statement of the facts, gets served on the claimant the way a summons is served in a civil action, including outside the state or by publication if the court so directs.
Once served, the claimant becomes a defendant in the garnishee action and has ten days to answer, setting out the claim or any defense the garnishee itself could have raised; a default lets the court enter judgment that forecloses the claim entirely. After the claimant is brought in, the garnishee may pay or deliver the disputed indebtedness or property to the officer or clerk and receive a receipt that fully discharges the garnishee from liability to any party for what was paid or delivered.
Frequently Asked Questions
What happens if someone other than the defendant claims the garnisheed property?
The court can order that claimant interpleaded as a defendant to the garnishee action, once the garnishee's answer discloses the claim and the claimant's name and residence.
How long does an interpleaded claimant have to respond?
Ten (10) days after being served, to answer and set out the claim or any defense the garnishee could have raised.
Can the garnishee get out of the dispute once a third-party claimant is brought in?
Yes. The garnishee may pay or deliver the property to the officer or clerk and receive a receipt that discharges the garnishee from all liability to any party for it.
What if the interpleaded claimant doesn't respond?
The court may enter a default judgment that concludes the claimant's claim.