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Old 04-19-2004, 03:51 PM
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rushpat rushpat is offline
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what does this mean?

While looking up the legal definitions in preparations for a possible attempt at garnishment of my pay, I found this in Bouvier's online law dictionary:

GARNISH, Eng. law. Money paid by a prisoner to his fellow prisoners on his entrance into prison. .

Huh?

It turns out that ATTACHMENT is a better term:

ATTACHMENT, remedies. A writ issued by a court of competent jurisdiction, commanding the sheriff or other proper officer to seize any property; credit, or right, belonging to the defendant, in whatever hands the same may be found, to satisfy the demand which the plaintiff has against him.

It does say that it can occur before a judgment, but it is a writ from a court of competent jurisdiction.

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Old 04-19-2004, 04:43 PM
Tora
 
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Re:what does this mean?



<FONT size=3>I was looking up the definition of garnishment this weekend and wasn't satisfied with any definition I found in any law dictionary, so I looked up the word 'order', since&the FTB sends a Withholding 'Order' for Taxes.</FONT>


<FONT size=3>Order& a direction of the court on some matter incidental to the main proceeding which adjudicates a preliminary point or directs some step in the proceeding. See&20 S.W. 2nd 530, 533.& A FINAL ORDER is an appealable order.& "If an order closes the matter and precludes future hearing and investigation it is final; but an order which does not completely dispose of the subject matter and settle the rights of&the parties is not final." 146 N.W. 2d 450 452.& </FONT>
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Old 04-19-2004, 07:39 PM
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Re:what does this mean?

So, the word "Order" implies a court, but they don't have a court order or judgment. Yet another in a string of lies.
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Old 04-20-2004, 12:55 AM
Randy
 
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Re:what does this mean?



Virginia is obsessed with it's "administrative notices" of "lien," "garnishment," etc. And the courts back 'em, every time. Even though, of course, and because these particular sections are NOT severable, EACH clearly requires and demands a court ORDER!


Lawyers suck.


But I do gotta look up "garnish" again. Fascinating....


Randy
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Old 04-20-2004, 05:52 AM
Jim
 
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Re:what does this mean?

<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>Here’s a thought:</FONT>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>All courts except the supreme court are created by congress. What government agencies do and how they do it are in the ADMINISTRATIVE CODES. Could it be that congress has granted some of these agencies like FTB court powers?</FONT>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>Jim</FONT>
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Old 04-20-2004, 06:41 AM
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Re:what does this mean?

Another thought as well:

If Congress did what Jim says then:

Are the courts enforcing lawful excise taxes which Congress is responsible for or are they enforcing private claims from a private banking institution by using copyrighted law (code)?
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