Is service of a garnishee summons binding any debt due or accruing due?

Saskatchewan, Canada


The following excerpt is from Prince Albert Credit Union v. Diehl, 1984 CanLII 2237 (SK QB):

Under s. 5(1) of the Act, service of a garnishee summons binds any “debt due or accruing due”. This has been held to mean that the debt must be presently payable or presently due though payable at a future date. Monies that may not inevitably prove to be owing do not constitute a debt due or accruing due, Barsi v. Farcas, 1923 CanLII 175 (SK CA), [1924] 1 W.W.R. 707.

It has long been recognized that a judgment debt may be attached while in the hands of the judgment debtor. Holtby v. Hodgson (1889), 24 Q.B.D. 103. However, I am unable to find any case deciding whether such a debt may be attached while execution of the judgment is stayed. It seems to me a doubtful proposition.

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