Wayne Lee's Grocery & Market, Inc. v. Bay St. Louis, Mississippi Commercial Properties Development Corp.

BANKS, Justice,

for the court:

In this appeal we are called upon to explore the parameters of the relief afforded garnishees in default by the sworn declaration mechanism prescribed in Mississippi Code Annotated, Section 11-35-31 (1972) 1. We conclude that, where such a *1297declaration is filed prior to execution on the default judgment, a defaulting garnishee suffers only liability for attorneys’ fees and court costs and does not waive its ability to assert any defenses on the merits. We are also presented with an interesting fact pattern concerning service of process and the treatment of…