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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 39.41 Lien or claim of third person

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 39.41

Lien or claim of third person

39.41 Lien or claim of third person

(cf Act No 9 1973, section 104)

(1) This rule applies in circumstances in which the garnishee claims that some person, other than the judgment debtor, is or may be entitled to--
(a) any money paid under a garnishee order, or
(b) any debt, wage or salary attached by a garnishee order, or
(c) any charge or lien on, or other interest in, any such money, debt, wage or salary.
(2) In these circumstances, the court may hear and determine the garnishee's claim and give such judgment or make such order in respect of the claim (including an order barring the claim and an order for the payment into court by a judgment creditor of money received under the garnishee order) as the nature of the case requires.