What is a garnishee summons?

A Garnishee Summons notifies the garnishee that they should pay the amount of the judgment directly to you rather than to the debtor. A Garnishee Summons form can be found on the Alberta Courts website (https://www.albertacourts.ca/qb/areas-of-law/civil/forms). The amount that the debtor owes to you, the creditor.

Why is garnishee order issued?

A garnishee order is passed by the competent court ordering a garnishee not to pay a certain amount directly to the judgment debtor since he is the person who is indebted to the decree-holder. The purpose of this order is to protect the interest of the decree-holder and prompt payment of certain debts to him.

What happens if a garnishment summons is not served?

If a garnishee does not fails to serve a written disclosure within the required time, a court may enter a judgment against the garnishee for the amount of the creditor’s claim against the debtor or 110 percent of the amount claimed in the garnishment summons, whichever is less.

What happens in the case of a nonearnings garnishment?

In the case of a nonearnings garnishment, the garnishee must provide a written disclosure to the creditor within 20 days after service of the garnishment summons that identifies all indebtedness, money, or property that the garnishee owes to the debtor. Special rules apply to a garnishment of “earnings.”

How long can a creditor garnish your property?

In either case, the garnishee must retain property that is subject to the garnishment (up to 110 percent of the amount claimed in the garnishment summons to be owed by the debtor to the creditor) for 180 days.

When do you get a garnishment on earnings?

In the case of garnishment on earnings, a garnishment summons applies to the current pay period when the summons is served and all future pay periods that conclude within 70 days after service of the garnishment summons.