What is the effect of off-setting claims on a garnishing order?
British Columbia, Canada
The following excerpt is from Flintstone Concrete v. Peace River, 2003 BCSC 1137 (CanLII):
The court cited Knowles v. Peter, supra, for its expression that the attachment of debts before judgment is an extraordinary process which requires meticulous observance of the requirements. The court did not make a decision with respect to the veracity of the off-setting claims, but noted that the circumstances were such that it was possible that the debt alleged was either partially or fully off-set by the unreported discounts. In such a situation of uncertainty, the court found it inappropriate to let the garnishing order stand.
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