Part 8 — Garnishment
82 Joint entitlement
enforcement debtor has an interest, the following applies:
(a) on being served with a garnishee summons, the garnishee's
response to the summons must include the names and
addresses of the joint obligees other than the enforcement
debtor;
(b) subject to clause (c), after a garnishee has responded to a
garnishee summons, the instructing creditor must serve a
copy of the garnishee summons and a notice of the
garnishee's response on each joint obligee;
(c) if disclosure of a joint ob ligee's address would be unlawful
or a breach of a legal duty owed by the garnishee to the
obligee, the garnishee, instead of complying with clause (a),
must
(i) serve the garnishee summons on the obligee, and
(ii) certify in the garnishee's response that the garnishee has
done so;
(d) where a joint entitlement i s owed to an enforcement debtor
and any other person, it is presumed for the purposes of this
Part that, subject to clauses (e), (f) and (g), an equal portion
of the joint entitlement is owed to each joint owner;
(e) if, on an ex parte applica tion by an enforcement creditor, it
appears to the Court that the enforcement debtor may be
beneficially entitled to a larger portion of the joint
entitlement than is presumed under clause (d), the Court
may require the garnishee to pay the larger portion to the
clerk;
(f) if an amount is received by the clerk that is in excess of the
portion of a joint entitlement that is attributed to the
enforcement debtor under clause (d), that amount may not
be distributed unless the Court is satisfied, on an application
on notice to the other obligees, that the enforcement debtor
is beneficially entitled to the excess amount;
(g) on the application of any interested person, the Court may
determine the actual beneficial interest of each joint obligee;
RSA 2000
(h) when money is received by the clerk in respect of a joint
entitlement, that money shall not, unless the Court otherwise
directs, be distributed until 30 days have expired from the
day that the notice is served on all the joint obligees.
1994 cC-10.5 s82