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Difference between revisions of "Creditors' Remedies against Debtors (10:III)"
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Creditors' Remedies against Debtors (10:III) (view source)
Revision as of 22:15, 2 October 2022
, 22:15, 2 October 2022→d) Procedure for Post-Judgment Garnishing Order
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In order to obtain a post-judgement garnishing order, a judgment creditor or their solicitor must swear an affidavit stating: | In order to obtain a post-judgement garnishing order, a judgment creditor or their solicitor must swear an affidavit stating: | ||
:a) that a judgment has been recovered; | |||
:b) the amount that is unsatisfied; | |||
:c) that another person, the garnishee, is indebted to the judgment debtor; and | |||
:d) the address of the garnishee’s residence in the jurisdiction (s 3(2)). | |||
The affidavit is filed in the court registry along with the form of order requested. The garnishee is then to be served with a copy of the order, which commands them to pay the money into court. A copy of the order must be served on the debtor at once, or within a time allowed by the judge or registrar by memorandum endorsed on the order . Failure to serve a garnishing order on a debtor “at once” may result in the garnishing order being set aside. Whether delayed service is fatal to a garnishing order depends on the circumstances of each case. See ''[https://www.canlii.org/en/bc/bcca/doc/1985/1985canlii539/1985canlii539.html?autocompleteStr=Skybound%20&autocompletePos=2 Skybound Developments Ltd. v. Hughes Properties Ltd.'' (1985), 1985 CarswellBC 219, 65 BCLR 79 (CA)] for a discussion on this topic. The garnishee may dispute indebtedness to the judgment debtor (see '''Section II.B: Legal Advice for Debtors Who are Garnished''', below). Where the garnishee pays money, the court keeps the money until it is paid out to the judgment creditor under ss 11, 12, and 13. | The affidavit is filed in the court registry along with the form of order requested. The garnishee is then to be served with a copy of the order, which commands them to pay the money into court. A copy of the order must be served on the debtor at once, or within a time allowed by the judge or registrar by memorandum endorsed on the order . Failure to serve a garnishing order on a debtor “at once” may result in the garnishing order being set aside. Whether delayed service is fatal to a garnishing order depends on the circumstances of each case. See ''[https://www.canlii.org/en/bc/bcca/doc/1985/1985canlii539/1985canlii539.html?autocompleteStr=Skybound%20&autocompletePos=2 Skybound Developments Ltd. v. Hughes Properties Ltd.'' (1985), 1985 CarswellBC 219, 65 BCLR 79 (CA)] for a discussion on this topic. The garnishee may dispute indebtedness to the judgment debtor (see '''Section II.B: Legal Advice for Debtors Who are Garnished''', below). Where the garnishee pays money, the court keeps the money until it is paid out to the judgment creditor under ss 11, 12, and 13. | ||