Can a garnishee be attached to the rent of a home where the rent is due?
Saskatchewan, Canada
The following excerpt is from Barsi v. Farcas, 1923 CanLII 175 (SK CA):
In Barnett v. Eastman, 67 L.J.Q.B. 517, it was held that a debt to be accruing due must be a debt the time for payment of which although in the future will certainly arrive. Therefore rent cannot—before it is payable—be attached under a garnishee summons.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a garnishee order attached to a tenant's rent be attached as a debt owing or accruing due? (Saskatchewan, Canada)
What is the test for attaching a debt to a garnishee? (Saskatchewan, Canada)
Can a garnishee process attachable to a judgment debt that has been stayed pending appeal? (Saskatchewan, Canada)
Can a garnishee summons be set aside if there is no attachable debt? (Saskatchewan, Canada)
Does a garnishee have an attachable debt? (Saskatchewan, Canada)
What authority exists in this province to attach a garnishee debt? (Saskatchewan, Canada)
How is a piece of property treated when it is not otherwise attached to the land as part of the land? (Saskatchewan, Canada)
Does a residuary legatee have an interest in unascertained residue attached to specific items or property? (Saskatchewan, Canada)
Does solicitor privilege attach to communications that were in preparation or in furtherance of a crime or fraud? (Saskatchewan, Canada)
Is a debt attached to the judgment debtor while execution of the judgment is stayed? (Saskatchewan, Canada)
