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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2022-06-20 and last amended on 2022-01-13. Previous Versions

FORM 449BRule 449Notice of Garnishment

(Court File No.)

BETWEEN:

(name)

Judgment creditor

and

(name)

Judgment debtor

and

(name)

Garnishee

(Court seal)

Notice of Garnishment

TO: (name and address of garnishee)

A PROCEEDING in this Court between the judgment creditor and the judgment debtor has resulted in an order that the judgment debtor pay a sum of money to the judgment creditor. The judgment creditor claims that you owe a debt to the judgment debtor. The judgment creditor has requisitioned this notice of garnishment to be directed to you as garnishee in order to seize any debt that you owe or will owe to the judgment debtor.

WITHIN 21 DAYS after the day on which this notice is served on you, YOU ARE REQUIRED TO FILE WITH THE COURT AND SERVE ON THE JUDGMENT CREDITOR AND JUDGMENT DEBTOR named above a sworn declaration of garnishee, in Form 449C, that contains

  • (a) a list of all debts owing or accruing to the judgment debtor; and

  • (b) if you dispute liability to pay a debt claimed to be owing or accruing to the judgment debtor or claim the debt is for a lesser amount than that set out in this notice, any relevant information, including any supporting documents not contained in the requisition for notice of garnishment.

YOU SHALL NOT PAY THE JUDGMENT DEBTOR ANY AMOUNT of the debt without leave of the Court, except for the portion of wages or salary exempted under rule 452 of the Federal Courts Rules.

YOU ARE REQUIRED TO PAY INTO COURT the debt, or as much of the debt as is sufficient to satisfy the judgment, for each debt to which you admit liability, subject to the exemptions provided under rule 452 of the Federal Courts Rules. IF YOU DO NOT MAKE THIS PAYMENT AND DO NOT FILE A DECLARATION OF GARNISHEE IN FORM 449C, the Court may order you to pay the amount owing to the judgment creditor as if you were the judgment debtor.

EACH PAYMENT SHALL BE SENT by certified cheque or other bill of exchange for money in Canadian currency, payable to the Receiver General, with a copy of this notice to the Registry of the Court at the address shown below, and notice of payment shall be provided to the judgment creditor.

(Date)

Issued by : (Registry Officer)

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Judgment creditor’s address
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Judgment debtor’s address
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