C-25 - Code of Civil Procedure

Section 641 Disposition versions

1994-01-01

641. If salaries and wages are seized by garnishment, the writ must mention the debtor’s residence, the nature of his employment and the place where he works, if the seizing creditor knows them.

The writ orders the garnishee to declare to and deposit with the clerk, within 10 days following the service of the writ, personally or by registered or certified mail, the seizable portion of what he owes the seized debtor, to declare and deposit again in the same manner every month and to serve a copy of his first declaration on the seizing creditor, by registered or certified mail. A copy of such declaration must also be served, in the same manner, on the debtor by the seizing creditor and proof of the service must be filed in the office of the court.

If the debtor leaves his employ, the garnishee must forthwith so declare.

The seizure remains binding for the seizable portion thereof, so long as the debtor remains in his employment and all the claims filed by his creditors have not been paid.

1965 (1st sess.), c. 80, a. 641; 1975, c. 83, s. 43; 1979, c. 37, s. 32; 1981, c. 14, s. 14; 1992, c. 57, s. 420.

1981-07-18

641. If salaries and wages are seized by garnishment, the writ must mention the debtor’s residence, the nature of his employment and the place where he works, if the seizing creditor knows them.

The writ orders the garnishee to declare to and deposit with the prothonotary, within ten days following the service of the writ, personally or by registered or certified mail, the seizable portion of what he owes the seized debtor, to declare and deposit again in the same manner every month and to serve a copy of his first declaration on the seizing creditor, by registered or certified mail. A copy of such declaration must also be served, in the same manner, on the debtor by the seizing creditor and proof of the service must be filed in the office of the court.

If the debtor leaves his employ, the garnishee must forthwith so declare.

The seizure remains binding for the seizable portion thereof, so long as the debtor remains in his employment and all the claims filed by his creditors have not been paid.

1965 (1st sess.), c. 80, a. 641; 1975, c. 83, s. 43; 1979, c. 37, s. 32; 1981, c. 14, s. 14.

1979-06-22

641. If salaries and wages are seized by garnishment, the writ must mention the debtor’s residence, the nature of his employment and the place where he works, if the seizing creditor knows them.

The writ orders the garnishee to declare to and deposit with the prothonotary, within ten days following the service of the writ, personally or by registered or certified mail, the seizable portion of what he owes the seized debtor, to declare and deposit again in the same manner every month and to serve a copy of his first declaration on the debtor and seizing creditor, by registered or certified mail.

If the debtor leaves his employ, the garnishee must forthwith so declare.

The seizure remains binding for the seizable portion thereof, so long as the debtor remains in his employment and all the claims filed by his creditors have not been paid.

1965 (1st sess.), c. 80, a. 641; 1975, c. 83, s. 43; 1979, c. 37, s. 32.

1977-12-31

641. If salaries and wages are seized by garnishment, the writ must mention the debtor’s residence, the nature of his employment and the place where he works, if the seizing creditor knows them.

The seizure remains binding for the seizable portion thereof, so long as the debtor remains in his employment and all the claims filed by his creditors have not been paid.

The garnishee must, on making his declaration, deposit in the office of the court the seizable portion of what he owes the debtor, and must every month again declare under oath and make the required deposit either personally in the office of the court or by registered or certified mail addressed to the prothonotary. If the debtor leaves his employ, the garnishee must forthwith so declare.

1965 (1st sess.), c. 80, a. 641; 1975, c. 83, s. 43.