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43.1811 Judgment.

Cite as [A.S.C.A. § 43.1811]

(a) If it is made to appear that the garnishee was indebted to the defendant or had any of his property in his hands at the time of being served with the notice of garnishment, the garnishee shall be liable to the plaintiff, in case judgment is finally recovered by plaintiff, to the full amount of the judgment, or to the amount of such indebtedness or property held by the garnishee.

(b) The plaintiff may have judgment against the garnishee for the amount of money due from the garnishee to the defendant, or for the delivery to the clerk of the court, within a time to be fixed by the court of any money or property in the garnishee’s hands belonging to the defendant as fixed in the judgment, and for the value of the same if not delivered within the time thus fixed unless before such judgment is entered the garnishee has delivered to the clerk of the court such money or property. Property so delivered shall thereafter be treated as if levied upon under writ of attachment in the usual manner.

History: 1962, PL 7-36.

Case Notes:

The court found that a corporation was the alter ego of an individual and its assets subject to garnishment when the totality of the circumstances showed that this individual dominated and controlled the corporation and was its real owner. A.S.C.A. § 43.1811(a). Amerika Samoa Bank v. Adams, 22 A.S.R.2d 38 (1992).