Acts and Regulations

G-2 - Garnishee Act

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Attaching order against garnishee
16(1)A party entitled to or interested in any money or debt attached or bound in the hands of the garnishee by a proceeding under this Act, may, at any time before actual payment thereof by the garnishee, apply to a judge of The Court of Queen’s Bench of New Brunswick for an order, after summons and hearing, to the effect that the money or debt be discharged from the claim of the judgment creditor, and thenceforth after such order the money or debt ceases to be attached or bound for such claim.
16(2)A like application and order may be made, if the judge thinks fit, after the money or debt has been paid over by the garnishee, in which case all parties shall be remitted to their original rights in respect thereto, except as against the garnishee having already paid such debt or money to the judgment creditor whose payment shall not be affected thereby, but shall be and remain an effectual discharge to him.
R.S., c.97, s.17; 1979, c.41, s.56
Attaching order against garnishee
16(1)A party entitled to or interested in any money or debt attached or bound in the hands of the garnishee by a proceeding under this Act, may, at any time before actual payment thereof by the garnishee, apply to a judge of The Court of Queen’s Bench of New Brunswick for an order, after summons and hearing, to the effect that the money or debt be discharged from the claim of the judgment creditor, and thenceforth after such order the money or debt ceases to be attached or bound for such claim.
16(2)A like application and order may be made, if the judge thinks fit, after the money or debt has been paid over by the garnishee, in which case all parties shall be remitted to their original rights in respect thereto, except as against the garnishee having already paid such debt or money to the judgment creditor whose payment shall not be affected thereby, but shall be and remain an effectual discharge to him.
R.S., c.97, s.17; 1979, c.41, s.56