43.1806 Refusal to answer interrogatories-Failure to appear and answer.

Cite as [A.S.C.A. § 43.1806]

(a) If the garnishee refuses to answer the interrogatories fully and unequivocally, he shall be notified to appear and answer as provided in 43.1802, and he may be so required in any event if the plaintiff so notifies him.

(b) The questions propounded to the garnishee in court may be such as are described in 43.1805, and such others as the court may think proper.

(c) If a garnishee notified to appear and answer fails to do so without sufficient excuse, he shall be presumed to be indebted to the defendant to the full amount of the plaintiffs demand, but for a mere failure to appear, no judgment shall be rendered against him until he has had an opportunity to show cause against the same.

History: 1962, PL 7-36; 1966, PL 9-51.

Case Notes:

A garnishee who fails to appear in response to a writ of garnishment without sufficient excuse is presumed to be indebted to the defendant in the full amount of plaintiff's demand. A.S.C.A. § 43.1806(c). Amerika Samoa Bank v. Haleck, 6 A.S.R.2d 54 (1987).

Garnishee who fails to appear in response to a writ of garnishment without sufficient excuse is presumed to be indebted to the defendant in the full amount of the plaintiff's demand. A.S.C.A. § 43.1806(c). Development Bank v. Savusa (Mem.), 11 A.S.R.2d 46 (1989).

In order to rebut the statutory presumption of indebtedness by a garnishee, the garnishee not only must show that he is not in fact indebted to plaintiff in the amount in question, but also must give sufficient excuse for not having appeared or answered the interrogatories. A.S.C.A. § 43.1806(c). Development Bank v. Savusa (Mem.), 11 A.S.R.2d 46 (1989).

Where a garnishee does not give sufficient excuse for not having appeared or answered interrogatories, it is within the Court's discretion to hold him liable for the whole amount of the judgment debt. A.S.C.A. § 43.1806(c). Development Bank v. Savusa (Mem.), 11 A.S.R.2d 46 (1989).

Garnishee who was evasive and dishonest, in an apparent attempt to assist the judgment debtors in avoiding payment, would be held liable for the whole amount of the judgment debt. A.S.C.A. § 43.1806(c). Development Bank v. Savusa (Mem.), 11 A.S.R.2d 46 (1989)