Part 8 — Garnishment
78 General principles re garnishment
the following applies:
(a) except as otherwise provided by this or any other enactment,
any current obligation or future obligation is attachable by
garnishment;
(b) an obligation that is evidenced by an instrument is not
attachable by garnishment;
(c) a garnishee summons may be issued against more than one
obligation;
(d) subject to the regulations, if a garnishee summons is in
effect and another garnishee summons is issued against the
same obligation, that subsequent garnishee summons is of
no effect;
(e) a garnishee summons attach es the garnished obligation
when the garnishee summons is served on the garnishee;
(f) an obligation that is owed t o an enforcement debtor by a
person carrying on business as a partnership within Alberta
may be attached if the garnishee summons is served on the
RSA 2000
partnership within Alberta notwithstanding that one or more
members of the partnership do not reside in Alberta;
(g) where a joint entitlement i s owed to an enforcement debtor
and any other person, a garnishee summons may be issued
against that joint entitlement;
(h) a payment made by a garnishee in accordance with this Part
or on a judgment granted under section 84 discharges the
garnishee, to the extent of the payment, as against the
enforcement debtor;
(i) a garnishee is entitled to a set-off to which the garnishee
would have been entitled in the absence of garnishment
proceedings if
(i) the right to the set-off already existed when the
garnishee summons was served on the garnishee,
(ii) the right to the set-off ar ose after the garnishee summons
was served on the garnishee but the set-off arose in
consequence of an obligation entered into by the
garnishee prior to service of the garnishee summons, or
(iii) it would be inequitable not to allow the set-off;
(j) money held in a court is not subject to garnishment;
(k) money that is attached b y a garnishee summons must,
subject to this Act, be paid into Court by the garnishee.
1994 cC-10.5 s78;1995 c23 s6(9)