Affidavit that no debt due or accruing
39.40 Affidavit that no debt due or accruing
(cf Act No 9 1973, section 97A; Act No 11 1970, section 47A)
A garnishee who believes that—
no debt from the garnishee to the judgment debtor was due or accruing when the garnishee order was served on the garnishee, or
no wage or salary will become payable by the garnishee to the judgment debtor during the period for which the order will be in force,
may serve on the judgment creditor a statement to that effect, verified by affidavit, being a statement that contains a summary of the grounds on which the garnishee’s belief is based.
A disclosure of any information in an affidavit under subrule (1) does not, if the disclosure was reasonable in the circumstances, subject the garnishee to any action, liability, claim or demand.
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