39.38
CurrentCourt may refuse to make garnishee order
Part 39Enforcement of judgments
Division 4Garnishee orders
39.38 Court may refuse to make garnishee order
(cf Act No 9 1973, section 97; Act No 11 1970, section 47)
(1)
The court may refuse to make a garnishee order if of the opinion that such an order is inappropriate.
(2)
Without limiting subrule (1), the reasons that may lead the court into forming such an opinion may include—
(a)
the smallness of the amount recoverable under the judgment debt, and
(b)
the smallness of the debt, wage or salary to be attached.
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