C.C.S.M. c. G20
The Garnishment Act
| DEFINITIONS AND APPLICATION | |
| 1 | Wages defined |
| 2 | Binds the Crown |
| 3 | Service of process |
| DEBTS BOUND | |
| 4(1) | Debts bound |
| (2) | Procedure re garnishment of wages |
| DURATION AND PRIORITY OF GARNISHMENT AGAINST WAGES | |
| 4.1 | Duration of notice of garnishment against wages |
| 4.2(1) | Garnishee to remit garnished money |
| (2) | Payment of higher priority notices of garnishment |
| (3) | Payment of equal priority notices of garnishment |
| 4.3 | Notice if debtor leaves employment |
| 4.4 | Garnishor may discontinue notice of garnishment |
| EXEMPTIONS | |
| 5 | Exemptions |
| 6 | Where no exemption |
| 7 | Exemption re garnishment for maintenance |
| VARIATION OF EXEMPTIONS | |
| 8(1) | Definition of "clerk" |
| (2) | Variation of exemption |
| (3) | Notice of hearing |
| (4) | Hearing and order |
| (5) | Limitation on variation of exemption |
| (6) | Appeal |
| (7) | Service |
| (8) | Disposition of appeal |
| (9) | Procedure after variation |
| RELEASE OF GARNISHMENT | |
| 9(1) | Release of garnishment on terms |
| (2) | Ex parte order |
| (3) | Copy to judgment creditor |
| (4) | Variation of order |
| (5) | Procedure |
| 10 | Termination of order |
| GARNISHMENT OF WAGES | |
| 11 | Garnishment of wages before judgment prohibited |
| 12(1) | Memo on garnishing order against wages |
| (2) | Presumption as to board and room |
| (3) | Presumption as to orders re alimony, etc. |
| (4) | Presumption as to orders re fines, etc. |
| EXTRA-PROVINCIAL GARNISHING ORDERS | |
| 12.1(1) | Definitions |
| (2) | Extra-provincial garnishing order filed |
| (3) | Converting amount into Canadian currency |
| (4) | Amount due in Canadian currency |
| (5) | Service of extra-provincial garnishing order |
| (6) | Copy to judgment debtor |
| (7) | Amount remitted by garnishee to reciprocating jurisdiction |
| (8) | Recognition of extra-provincial garnishing order |
| (9) | Application |
| (10) | Terminology |
| ENFORCEMENT OF MAINTENANCE ORDERS | |
| Garnishment of Money and Wages | |
| 13 | Definitions |
| 13.1 | Continuing effect of garnishment for maintenance |
| 13.2(1) | Garnishment of jointly held money |
| (2) | Only designated officer may obtain order |
| (3) | Application to court to determine interests |
| (4) | Burden of proof |
| (5) | Notice of application to court |
| 13.3(1) | Garnishee to remit garnished money |
| (2) | Garnishee to serve extra copy of order |
| (3) | Garnishee's entitlement to costs |
| 13.4 | Procedure after variation under section 8 |
| 13.5(1) | Priority and duration of garnishing order |
| (2) | Garnishee to notify court if debtor leaves employment |
| 13.6 | Garnishor may discontinue garnishing order |
| 13.7 | No release of garnishing order on terms |
| Garnishment of Pension Benefits | |
| 14(1) | Garnishment of pension benefits |
| (2) | Exemptions apply to pension benefits |
| (3) | Calculation of exemptions |
| (4) | "Pension benefit" defined |
| Garnishment of Pension Benefit Credits | |
| 14.1(1) | Definitions |
| (2) | Garnishment of pension benefit credit |
| (3) | Credit bound as of date order is served |
| (4) | Entitlement |
| (5) | Valuation |
| (6) | Only designated officer may obtain order |
| (7) | Order delivered to the judgment debtor |
| (8) | Payment within 90 days |
| (9) | Garnishment available despite other Acts |
| 14.2(1) | Marriage breakup division — exemption |
| (2) | Marriage breakup division — statement to court |
| (3) | Payment suspended |
| (4) | Designated officer may require information |
| (5) | Hearing to determine right to pension benefit credit |
| (6) | Garnishee not required to pay into court |
| 14.3 | Protection from liability |
| ENFORCEMENT OF FINES, FORFEITED RECOGNIZANCE ORDERS AND RESTITUTION ORDERS | |
| 14.4 | Definitions |
| 14.5 | Priority for enforcement of fines, etc. |
| 14.6(1) | Garnishment of jointly held money |
| (2) | Garnishee to deliver or mail copy of order |
| (3) | Application by joint holders to determine interests |
| (4) | Burden of proof |
| (5) | Notice of application to court |
| 14.7 | No release of garnishing order on terms |
| REGULATIONS AND FORMS | |
| 15 | Regulations |
| 16 | Form of documents |
| SCHEDULE A |
