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Garnishment, Attachment and Pension Diversion Act

Version of section 11 from 2002-12-31 to 2019-06-20:


Marginal note:Method of response to garnishee summons

  •  (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, Her Majesty may respond to a garnishee summons by registered mail or by any other method prescribed.

  • Marginal note:Where response is by registered mail

    (2) Where Her Majesty responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that Her Majesty has responded to the garnishee summons.

  • Marginal note:Effect of payment into court

    (3) A payment into court by Her Majesty under this section is a good and sufficient discharge of liability, to the extent of the payment.

  • Marginal note:Recovery of overpayment to debtor

    (4) Where, in honouring a garnishee summons, Her Majesty, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that Her Majesty should have paid to that debtor, the excess becomes a debt due to Her Majesty by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

  • R.S., 1985, c. G-2, s. 11
  • 1997, c. 1, s. 28
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