125
CurrentRepayment of excess amounts
Part 8Enforcement of judgments and orders
Division 3Garnishee orders
Subdivision 3General
125 Repayment of excess amounts
(1)
If a judgment creditor receives an amount paid under a garnishee order in excess of the amount required to satisfy the judgment, the judgment creditor—
(a)
must forthwith notify the judgment debtor and the garnishee of that fact, and
(b)
on demand made by the judgment debtor, must repay the excess to the judgment debtor.
(2)
The amount of the excess is recoverable from the judgment creditor, by the judgment debtor or by the garnishee, as a debt in any court of competent jurisdiction.
This Act’s bill:Explanatory memorandumSecond reading speech
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.