Acts and Regulations

G-2 - Garnishee Act

Full text
Judgment against garnishee
8At the hearing under the said order, if the garnishee appears and does not dispute the debt or sum of money owing or claimed to be owing from him to the judgment debtor, or if the garnishee does not appear, then upon due proof by affidavit of the service of the order, and on sufficient proof by affidavit or oral evidence of the amount owing by the garnishee to the judgment debtor, and no sufficient cause appearing why it should not be paid and applied in satisfaction of the judgment, The Court of Queen’s Bench of New Brunswick judge or clerk may give judgment against the garnishee, in the prescribed form, for the amount so owing from him, or sufficient thereof to satisfy the judgment; and execution, in the prescribed form, without any previous writ or process may issue against the garnishee to levy the same if due, or when and as it becomes due, or at such later period as the judge or clerk of The Court of Queen’s Bench of New Brunswick may order, and the execution may, in the case of the order being made by the clerk issue out of The Court of Queen’s Bench of New Brunswick on the filing of such order.
R.S., c.97, s.9; 1973, c.74, s.36; 1979, c.41, s.56
Judgment against garnishee
8At the hearing under the said order, if the garnishee appears and does not dispute the debt or sum of money owing or claimed to be owing from him to the judgment debtor, or if the garnishee does not appear, then upon due proof by affidavit of the service of the order, and on sufficient proof by affidavit or oral evidence of the amount owing by the garnishee to the judgment debtor, and no sufficient cause appearing why it should not be paid and applied in satisfaction of the judgment, The Court of Queen’s Bench of New Brunswick judge or clerk may give judgment against the garnishee, in the prescribed form, for the amount so owing from him, or sufficient thereof to satisfy the judgment; and execution, in the prescribed form, without any previous writ or process may issue against the garnishee to levy the same if due, or when and as it becomes due, or at such later period as the judge or clerk of The Court of Queen’s Bench of New Brunswick may order, and the execution may, in the case of the order being made by the clerk issue out of The Court of Queen’s Bench of New Brunswick on the filing of such order.
R.S., c.97, s.9; 1973, c.74, s.36; 1979, c.41, s.56