Page:United States Statutes at Large Volume 104 Part 6.djvu/567

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4957 instrument is not outstanding, the corporation, or the president or treasurer of the association shall be the garnishee. "(B) If the property consists of an interest in a partnership interest, any partner other than the debtor shall be the garnishee on behalf of the partnership. "(C) If the property or a debt is evidenced by a negotiable instrument for the payment of money, a negotiable document of title or a certificate of stock of an association or corporation, the instrument, document, or certificate shall be treated as property capable of delivery and the person holding it shall be the garnishee, except that— "(i) subject to clause (ii), in the case of a security which is transferable in the manner set forth in State law, the entity that carries on its books an account in the name of the debtor in which is reflected such security shall be the garnishee; and "(ii) notwithstanding clause (i), the pledgee shall be the garnishee if such security is pledged. "(c) PROCEDURES APPLICABLE TO WRIT. — "(1) COURT DETERMINATION.— If the court determines that the requirements of this section are satisfied, the court shall issue an appropriate writ of garnishment. "(2) FORM OF WRIT.— The writ shall state— "(A) The nature and amount of the debt, and any cost and interest owed with respect to the debt. "(B) The name and address of the garnishee. "(C) The name and address of counsel for the United States. "(D) The last known address of the judgment debtor. "(E) That the garnishee shall answer the writ within 10 days of service of the writ. "(F) That the garnishee shall withhold and retain any property in which the debtor has a substantial nonexempt interest and for which the garnishee is or may become indebted to the judgment debtor pending further order of the court. "(3) SERVICE OF WRIT. —The United States shall serve the garnishee and the judgment debtor with a copy of the writ of garnishment and shall certify to the court that this service was made. The writ shall be accompanied by— "(A) an instruction explaining the requirement that the garnishee submit a written answer to the writ; and "(B) instructions to the judgment debtor for objecting to the answer of the garnishee and for obtaining a hearing on the objections. "(4) ANSWER OF THE GARNISHEE. — In its written answer to the writ of garnishment, the garnishee shall state under oath— "(A) whether the garnishee has custody, control or possession of such property; "(B) a description of such property and the value of such interest; "(C) a description of any previous garnishments to which such property is subject and the extent to which any remaining property is not exempt; and "(D) the amount of the debt the garnishee anticipates owing to the judgment debtor in the future and whether the