Acts and Regulations

G-2 - Garnishee Act

Full text
Application for attaching order
3(1)Application to a judge of The Court of Queen’s Bench of New Brunswick may be made ex parte by or on behalf of the judgment creditor, and either before or after an examination under the Arrest and Examinations Act, on affidavit that the judgment was recovered and when, and that the whole, or some part, and how much thereof, remains unpaid and unsatisfied, and that the deponent has reason to believe and does believe that some one or more parties, naming them, or stating that he is unable to name them, is or are within the Province, or in case of a foreign company, that such company is doing business within this Province by an authorized agent, as deponent believes, and naming such agent, or stating that he is unable to name him, and is or are indebted to or liable to pay a sum of money to the judgment debtor, and that it is necessary in the interest of justice that an attaching order should be issued, for an attaching order, in the prescribed form, which order said judge may make, if satisfied that it is necessary in the interest of justice that the same should be issued, stating therein that all debts or sums of money owing to the judgment debtor, or so much thereof, or certain of them, being such portion of said debts as he may in his discretion deem reasonable and proper, and stating in said order with sufficient certainty what debts or parts of debts he adjudges shall be attached.
3(2)Such attaching order may be served and has force in any county in the Province.
3(3)In no case shall garnishee issue on judgments obtained for debt, unless such judgment, independent of costs incurred in the suit, exceeds forty dollars.
R.S., c.97, s.4; 1960, c.36, s.2; 1979, c.41, s.56
Application for attaching order
3(1)Application to a judge of The Court of Queen’s Bench of New Brunswick may be made ex parte by or on behalf of the judgment creditor, and either before or after an examination under the Arrest and Examinations Act, on affidavit that the judgment was recovered and when, and that the whole, or some part, and how much thereof, remains unpaid and unsatisfied, and that the deponent has reason to believe and does believe that some one or more parties, naming them, or stating that he is unable to name them, is or are within the Province, or in case of a foreign company, that such company is doing business within this Province by an authorized agent, as deponent believes, and naming such agent, or stating that he is unable to name him, and is or are indebted to or liable to pay a sum of money to the judgment debtor, and that it is necessary in the interest of justice that an attaching order should be issued, for an attaching order, in the prescribed form, which order said judge may make, if satisfied that it is necessary in the interest of justice that the same should be issued, stating therein that all debts or sums of money owing to the judgment debtor, or so much thereof, or certain of them, being such portion of said debts as he may in his discretion deem reasonable and proper, and stating in said order with sufficient certainty what debts or parts of debts he adjudges shall be attached.
3(2)Such attaching order may be served and has force in any county in the Province.
3(3)In no case shall garnishee issue on judgments obtained for debt, unless such judgment, independent of costs incurred in the suit, exceeds forty dollars.
R.S., c.97, s.4; 1960, c.36, s.2; 1979, c.41, s.56