What would happen if a garnishee was issued but the garnishment was still in the court?
Alberta, Canada
The following excerpt is from Hubbard v. Everyman's Saving and Mortgage, 1985 CanLII 1317 (AB QB):
The money that was caught by the garnishee summons and was still in court would go to the trustee: Canadian Credit Mens Trust Association v. Beaver Trucking, 1959 CanLII 58 (SCC), [1959] S.C.R. 311. The plaintiffs would be entitled to a certain preference in ranking for costs based on s. 50(2) of the Act.
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