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 |