Does a garnishee have an attachable debt?
Saskatchewan, Canada
The following excerpt is from Beneficial Finance Company of Canada v. Classen, 1963 CanLII 389 (SK CA):
It was held by this court in Barsi v. Farcas 1923 CanLII 175 (SK CA), [1924] 1 WWR 707, 18 Sask LR 158, that to constitute an attachable debt, that is, one due or accruing due, there must be an actual debt, legal or equitable, due from the garnishee to the judgment debtor. This debt must be either presently payable, or presently due, though payable at a future date. A debt depending upon an unfulfilled condition is not attachable, nor is something which may or may not become a debt. (The italics are mine.)
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