Interpretation and application of Division 5 of Part 35
910 Interpretation and application of Division 5 of Part 35
In this Division – garnishee means a person from whom a judgment creditor claims that a debt is due or accruing to the judgment debtor on the day an application for a provisional garnishee order is made; judgment includes an order; judgment creditor means a person entitled to enforce a judgment for the payment of money other than a judgment for the payment of money into Court; judgment debtor means a person required by a judgment to pay money other than into Court.
This Division does not apply to debts that are earnings within the meaning of Division 6 of Part 35.
Subject to subrule (4), this Division applies to and binds the Crown.
If a debt owing or accruing to the judgment debtor by or from the Crown is recoverable from an officer, servant or agent of the Crown, the garnishee proceedings are to be taken against the officer, servant or agent.
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