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r 49.03

Application for order

In force
Chapter 2Rules for enforcement of orders
Part 49Attachment of debts order

49.03 Application for order

(1) A judgment creditor may apply for an attachment of debts order by filing:

(a)

a garnishee summons in accordance with Form 49A; and

(b)

an affidavit stating:

(i) that the judgment debt is unsatisfied, either wholly or to a specified amount;

(ii) that a debt is due or accruing to the judgment debtor from the garnishee;

(iii) the particulars identifying the transaction between the judgment debtor and the garnishee under which the debt is due or accruing; and

(iv)

that the garnishee is in the Territory.

(2) An affidavit under this rule may contain statements of fact based on information and belief if the grounds are set out.

(3) The registrar who issues the summons must mark on it the date, time and place fixed for the hearing of the application.

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