Can a garnishee order attached to a tenant's rent be attached as a debt owing or accruing due?
Saskatchewan, Canada
The following excerpt is from Morse Town v. Lyone & Moffat, 1917 CanLII 139 (SK QB):
In the case of Barnett v. Eastman, 67 L.J.Q.B. 517, it was held that rent cannot, before it is payable, be attached under a garnishee order as a debt owing or accruing due, and, at p. 518, Day, J. says: There must be a liability which exists and which certainly will exist. It must be debitum, that is, due. It must be a debt the time for payment of which, although it is future, will certainly arrive.
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