Bath & Kitchen Boutique, LLC v. Alan Kent Little
After obtaining an ex parte prejudgment writ of garnishment and receiving the bank's answer identifying and garnishing the funds in two accounts, the judgment creditor subpoenaed the garnishee bank for six months of statements on all accounts owned by the defendant. The Third District granted certiorari and quashed the order, holding that a mere desire to 'verify' a compliant garnishee's answer does not justify cat-out-of-the-bag financial discovery of a party untethered to the claims at issue.
Key facts
- Judgment creditor Bath & Kitchen Boutique obtained an ex parte prejudgment writ of garnishment against defendant Alan Kent Little's bank accounts and received the bank's answer identifying the garnished funds.
- The judgment creditor then subpoenaed the garnishee bank for six months of statements on all accounts owned by the defendant, seeking to verify the bank's compliant answer.
- +2 more key facts with a free trial
Why it matters
This gives defendants a citable Third District holding that prejudgment garnishment proceedings do not open the door to broad financial discovery about the debtor, and that subpoenas to a compliant garnishee bank cannot… — full analysis with a trial
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