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C-25 - Code of Civil Procedure

Section 637
Disposition versions

Full text
637. If the affirmative declaration of the garnishee is not contested and does not show the existence of another seizure by garnishment in his hands, the clerk, upon an inscription by either party, orders the garnishee to pay to the seizing creditor the amounts which he owes to the judgment debtor to the extent of the amount of the judgment in capital, interest and costs. To that extent the order of the clerk effects an assignment, in favour of the seizing creditor, of the judgment debtor’s claim, from the date of the seizure. Such order must be served on the garnishee and becomes executory 10 days later.
1965 (1st sess.), c. 80, a. 637; 1992, c. 57, s. 420.
637. If the affirmative declaration of the garnishee is not contested and does not show the existence of another seizure by garnishment in his hands, the prothonotary, upon an inscription by either party, orders the garnishee to pay to the seizing creditor the amounts which he owes to the judgment debtor to the extent of the amount of the judgment in capital, interest and costs. To that extent the order of the prothonotary effects an assignment, in favour of the seizing creditor, of the judgment debtor’s claim, from the date of the seizure. Such order must be served on the garnishee and becomes executory ten days later.
1965 (1st sess.), c. 80, a. 637.
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