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Federal Courts Rules

Version of section 449 from 2022-01-13 to 2024-04-01:

Marginal note:Notice of garnishment

  •  (1) Subject to rules 452 and 456 and on requisition filed by a judgment creditor in Form 449A, a designated officer may issue a notice of garnishment, in Form 449B, for the attachment of the following debts to satisfy an order for the payment of money:

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

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

  • Marginal note:Requisition — notice of garnishment

    (2) The requisition shall be accompanied by a copy of the order for the payment of money and an affidavit that contains the following information:

    • (a) the date and amount of any payment received since the order was made;

    • (b) the amount owing, including postjudgment interest;

    • (c) the manner in which the amount owing and the postjudgment interest are calculated;

    • (d) the address of the judgment debtor;

    • (e) the name and address of each garnishee;

    • (f) a statement indicating that the judgment creditor believes that the garnishees are or will become indebted to the judgment debtor and the grounds for the belief;

    • (g) if a garnishee is not then indebted but will become indebted to the judgment debtor, details with respect to the date on and the circumstances under which the debt will arise;

    • (h) details of the debts; and

    • (i) any other information that is necessary to establish the amount awarded and the judgment creditor’s entitlement.

  • Marginal note:Service

    (3) The judgment creditor shall serve on each garnishee and on the judgment debtor a copy of the notice of garnishment and a copy of the requisition.

  • Marginal note:Debts bound as of time of service

    (4) Subject to rule 452, a notice of garnishment binds the debts attached as of the time of its service on the garnishee.

  • Marginal note:No payment to judgment debtor

    (5) Subject to rule 452, a garnishee who has been served with a notice of garnishment shall not pay the judgment debtor any amount owing to the judgment debtor without leave of the Court.

  • Marginal note:Sworn declaration of garnishee

    (6) Within 21 days after the day on which the garnishee is served with the notice of garnishment, the garnishee shall file and serve on the judgment creditor and judgment debtor a sworn declaration of garnishee, in Form 449C, that contains

    • (a) a list of all debts owing or accruing to the judgment debtor by the garnishee by reason of an obligation incurred on or before the day of the garnishee’s declaration; and

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

  • SOR/2021-245, s. 13

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