Cline v. Cline

By JUDGE RANDALL G. JOHNSON

The issue before the court is whether a homestead deed filed by a judgment creditor after the return date of a garnishment summons, but before any money is paid over to the judgment creditor pursuant to the garnishment, prevents such money from being paid over pursuant to the garnishment.

The particular facts of this casé are that the judgment creditor domesticated two foreign judgments in this court. He then filed garnishment summonses against Digital Equipment Corporation Credit Union which were returnable on July 31, 1990. On the return date, the debtor, by…