00-3430 Ag Services of America, Inc. v. Krejchik, et al.

Listen to this article

“We find persuasive the following language of the Colorado Court of Appeals: ‘In the intricate and complicated business of banking, absolute exactness and particularity in regard to names is absolutely indispensable, not only for the security of the bank, but of those doing business with it.’ German Nat’l Bank, 39 P. at 72. The Colorado court went on to opine that creditors should know the names of their debtors, especially when the indebtedness is evidenced by a promissory note, and should bring a garnishment proceeding against the proper persons or suffer the consequences of their own negligence. Id. Moreover, a garnishee is not required to search its accounts under names other than those listed as debtors in the garnishment complaint, or ‘to make a detailed inquiry of accounts not listed in the writ to determine whether some part of the funds `belonged’ to the judgment debtor.’ 6 Am. Jur. 2d Attachment and Garnishment § 526, at 809 (1999).

“Therefore, Firstar Bank properly responded to the garnishment complaint by denying indebtedness or liability to the Krejchiks because the garnishment complaint only listed Roger and Maxine as debtors and because neither person had a personal account at Firstar.”

Dist IV, Columbia County, Miller, J., Lundsten, J.

Attorneys:

For Appellant: Charles F. Church, Montello

For Respondent: Roger C. Krejchik, Portage; Maxine Krejchik, Portgage