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Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 378Declaration by garnishee. Time for such declaration.

Sub-title VI

In forceOfficial text

A garnishee who, although being in possession of moneys or other articles, belonging to the debtor, or which are due to the debtor, which may have been attached by means of the order, and who does not effect the deposit referred to in article 376 within such time as may be laid down in the order, shall be responsible for ensuing damages and interest in favour of the creditor and the court may, upon application being made for that purpose by the creditor, issue such orders as may be required, including his personal arrest for a period not exceeding three months, in order to force him to lodge such property: Provided that where the garnishee is a Bank, that Bank shall declare what fixed deposits or other bank books are in its possession, the property of the debtor, without having to deposit them; however the person responsible for the Bank’s management shall always remain responsible in accordance with the provisions of this article.

Amendment history
  • Amended by XII.2009.11