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The Garnishment Act

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 and Funds in a Pooled Registered Pension Plan Account
14.1 (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 (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 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
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