Attachment Op Debts
ATTACHMENT OP DEBTS. - It was suggested by the common law commissioners in 1853 that a remedy analogous to that of Foreign Attachment might be made available to creditors, after judgment, against debts due to their debtors. Accordingly, the Common Law Procedure Act, 1854, enacted that any creditor, having obtained judgment in the superior courts, should have an order that the judgment debtor might be examined as to any debts due and owing to him before a master of the court. On affidavit that the judgment was still unsatisfied, and that any other person within the jurisdiction was indebted to the judgment debtor, the judge was empowered to attach all debts due from such third person (called the garnishee) to the judgment debtor, to answer the judgment debt. This order binds the debts in the hands of the garnishee, and if he does not dispute his liability execution issues question must be tried. Payment by the garnishee or execution against him is a complete discharge as against the judgment debtor. These provisions were, by an order in Council of 18th Nov. 1867, extended to the County Courts. (By 33 and 34 Vict. c. 30, it is enacted that no order for the attachment of the wages of any servant, labourer, or workman shall be made by the judge of any court of record or inferior court.) The proposed rules and regulations under the Judicature Act, 1873, retain the process for attachment of debts as established by the Procedure Act of 1854.