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Federal Courts Rules

Version of section 449 from 2006-03-22 to 2022-01-12:

Marginal note:Garnishment

  •  (1) Subject to rules 452 and 456, on the ex parte motion of a judgment creditor, the Court may order

    • (a) that

      • (i) a debt owing or accruing from a person in Canada to a judgment debtor, or

      • (ii) a debt owing or accruing from a person outside Canada to a judgment debtor, where the debt is one for which the person might be sued in Canada by the judgment debtor,

      be attached to answer the judgment debt; and

    • (b) that the person attend, at a specified time and place, to show cause why the person should not pay to the judgment creditor the debt or any lesser amount sufficient to satisfy the judgment.

  • Marginal note:Service of show cause order

    (2) An order to show cause made under subsection (1) shall be served, at least seven days before the time appointed for showing cause,

    • (a) on the garnishee personally; and

    • (b) unless the Court directs otherwise, on the judgment debtor.

  • Marginal note:Debts bound as of time of service

    (3) Subject to rule 452, an order under subsection (1) binds the debts attached as of the time of service of the order.

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