Can a judgment creditor attach by garnishing a debt that is owed to a judgment debtor and another?

British Columbia, Canada


The following excerpt is from 238344 B.C. Ltd. v. Patriquin, 1984 CanLII 301 (BC CA):

Firstly, with the exception of two cases, the law is uniform in the provinces of Canada that a judgment creditor cannot attach by a garnishing order a debt that is owed to a judgment debtor and another. In Olympic Bank v. Wallace (1982), 19 B.L.R. 145 (B.C.S.C.), Murray J. listed the various decisions on this point and held that the judgment creditor in that case could not attach a joint account even though there was evidence before him that only the judgment debtors, and there were two of them, had an interest in the account. In that case the joint account was in the name of a daughter and her parents. The parents were the judgment debtors and the daughter had admitted in a deposition taken in the state of Washington that she made no claim to the funds.

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