C.C.S.M. c. G20
The Garnishment Act
Table of Contents
DEFINITIONS AND APPLICATION | ||
1 | Wages defined | |
2 | Binds the Crown | |
3 | Service of process | |
DEBTS BOUND | ||
4 | Debts bound | |
(2) | Procedure re garnishment of wages | |
DURATION AND PRIORITY OF GARNISHMENT AGAINST WAGES |
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4.1 | Duration of notice of garnishment against wages | |
4.2 | 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 | 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 | 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 | 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 | 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 |
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13 | Definitions | |
13.1 | Continuing effect of garnishment for maintenance | |
13.2 | 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 | 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 | 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 | |
14 | Garnishment of pension benefits | |
(2) | Exemptions apply to pension benefits | |
(3) | Calculation of exemptions | |
(4) | "Pension benefit" defined | |
14.1 | Definitions | |
(2) | Enforcement by garnishment | |
(3) | Credit or funds bound when order served | |
(4) | Entitlement to pension benefit credit | |
(4.1) | Entitlement to funds in PRPP account | |
(5) | [Repealed] | |
(6) | Only designated officer may obtain order | |
(7) | Order delivered to the judgment debtor | |
(8) | Payment within 90 days | |
(9) | Garnishment available despite other Act or plan provision | |
14.2 | 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 or funds in a PRPP account | |
(6) | Garnishee not required to pay into court | |
14.3 | Protection from liability | |
ENFORCEMENT OF FINES, FORFEITED RECOGNIZANCE ORDERS AND RESTITUTION ORDERS |
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14.4 | Definitions | |
14.5 | Priority for enforcement of fines, etc. | |
14.6 | 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 |