Subsection 3: Payment by the garnishee

The garnishee makes payment on presentation of a certificate issued by the court registry or drawn up by the bailiff who carried out the seizure, stating that no dispute has been lodged within one month of notification of the seizure. Payment may be made before the expiry of this period if the debtor has declared that he is not contesting the seizure. This declaration is recorded in writing.

The person who has received the payment gives a receipt to the garnishee and informs the debtor. Within the limit of the sums paid, this payment extinguishes the debtor’s obligation and that of the garnishee.

A distraining creditor who has not been paid by the garnishee retains his rights against the debtor. However, if such non-payment is attributable to the negligence of the creditor, the latter loses his rights to the extent of the sums owed by the garnishee.

If the garnishee refuses to pay the sums it has acknowledged it owes or has been found to owe, the dispute is referred to the enforcement judge, who may issue a writ of execution against the garnishee.