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51.1 (1) This part provides a procedure under which a judgment creditor

can recover the amount of the judgment debt from a person who

owes the judgment debtor money.

(2) The person who is said to owe the judgment debtor money is

called "the garnishee".

(3) An order of the court is required. This order is called an

"attachment of debts order".

(4) The attachment of debts order may require the garnishee to pay

enough to satisfy the fixed costs of the attachment of debts

proceedings as well as the judgment debt.

(The fixed costs are set out in Appendix A to Part 67) .

51.2 (1) The attachment of debt procedure may not be used where the

order is to pay money into court.

(2) An attachment of debt order can only be made against a

garnishee who is within the jurisdiction.

(3) A debt may be attached if it is -

(a) due or accruing to the judgment debtor from the

garnishee on the date that the provisional order under

rule 51.3 is served on the garnishee; or

(b) becomes due or accrues due to the judgment debtor on a

date between the service of the provisional order under

rule 51.4 and the date of the hearing.

51.3 (1) An application by a judgment creditor for an attachment of debt

order must be in the appropriate practice form.

(2) The application may be made without notice but must be

supported by evidence.

(3) If the court considers that on the evidence submitted the

judgment creditor is entitled to an attachment of debt order it

must make a provisional order.

(4) It is to do this without a hearing.

(5) When it makes a provisional order the court office must fix a

date for the hearing.

(6) It must state in the provisional order the date time and place of

the hearing.

51.4 (1) An attachment of debt order may be made in respect of any type

of debt but includes money standing to the credit of any account

of the judgment creditor with a bank, other deposit taking institution or building society.

(2) An attachment of debt order must not require a payment that

would reduce below $ 5, the amount standing in the name of a

judgment debtor in an account with a bank, building society or

other financial institution.

51.5 (1) This rule applies where an application is made to attach a fund

which is owned jointly by the judgment debtor and another

person or persons.

(2) The evidence in support of the application must state -

(a) the names and addresses of the person or persons who

own the fund jointly with the judgment debtor; and

(b) details of the joint fund; and

(c) if the applicant claims that the judgment debtor is

entitled to more than an equal share in the fund, the

grounds for that claim.

(3) Each owner of the fund must be served with the provisional

attachment of debt order and the evidence in support.

51.6 (1) The general rule is that a fund held jointly by the judgment

debtor and another person or persons is to be presumed to be

owned in equal shares.

(2) Any person served under rule 51.5(3) may apply to the court to

determine the actual beneficial entitlement of each owner of the

joint fund.

51.7 (1) This rule applies to the attachment of debts due or accruing

due from a firm carrying on business within Trinidad and

Tobago.

(2) Such debts may be attached even if one or more members of

the firm is resident outside Trinidad and Tobago.

(3) A provisional order under rule 51.3 must be served on -

(a) a member of the firm; or

(b) some other person having the control or management

of the partnership business,

in Trinidad and Tobago.

(4) Any member of the garnishee may attend a hearing of an

application for an attachment of debt order.

51.8 (1) A provisional attachment of debt order must be served by the

judgment creditor.

(2) It must be served first on the garnishee at least 14 days before the hearing.

(3) It must be served personally on the garnishee unless the garnishee is a body corporate.

(4) If the garnishee is a bank, building society or other financial institution, the provisional attachment of debt order must be served on its principal or registered office and also the branch at which the judgment debtor's account is kept if that address is known to the judgment creditor.

(5) Secondly, it must be served on the judgment debtor.

(6) It must be served on him at least 7 days after it has been served on the garnishee and not less than 7 days before the hearing.

51.9 (1) This rule sets out the effect of a provisional attachment of debt

order.

(2) It becomes binding on the garnishee as soon as it is served on

him.

(3) The garnishee does not then have to pay the judgment creditor

anything except to the extent that his debt to the judgment

debtor is greater than the amount of the attachment of debts

order.

(4) However it means that if he pays anyone but the judgment

creditor he may have to make a further payment to the judgment

creditor in accordance with the terms of any final attachment of

debt order that the court may make.

51.10 At the hearing fixed by the provisional order the court, if satisfied that the order has been properly served, may

(a) make a final attachment of debt order; or

(b) discharge the provisional order; or

(c) give directions for the resolution of any dispute.

51.11 (1) This rule has effect where the court is aware from information

supplied by the garnishee or from any other source that someone

other than the judgment debtor -

(a) is or claims to be entitled to the debt; or

(b) has or claims to have a charge or lien on it.

(2) In this rule "lien" means a right to retain possession of goods to protect the debt.

(3) Where this rule has effect, the court may require the judgment creditor to serve notice -

(a) of the application for an attachment of debt order; and

(b) of any hearing fixed by the court

on any person who may have such an interest as is set

out in paragraph (1).

(4) The notice must be served personally unless the person is a body

corporate.

(5) Notice must also be served on -

(a) the judgment debtor; and

(b) the garnishee.

(6) A notice under this rule must contain a warning to every person

on whom it is served that, if he does not attend court, it may

proceed to decide the issue in his absence.

51.12 If a garnishee does not fulfil the terms of an attachment of debt order the

judgment creditor may issue enforcement proceedings against the garnishee.

51.13 (1) This rule has effect where -

(a) the garnishee pays money to the judgment

creditor in compliance with an attachment of debt order; or

(b) the attachment of debt order is enforced against the

garnishee.

(2) The garnishee's liability to the judgment debtor is then discharged to the extent of the amount paid by, or recovered from him.

(3) This rule has effect even if the court later sets aside the

attachment of debt order or the original judgment or order.

51.14 (1) Paragraphs (3) to (6) contain the general provisions about the

costs of attachment of debt proceedings.

(2) The court may however make a special order about such costs in

a particular case.

(3) The judgment creditor's costs are those fixed by Appendix A to

Part 67 unless the court make some other order in which case it

must assess the amount of his costs.

(4) The judgment creditor may retain the costs out of the money

which he recovers through the attachment of debt order.

(5) The costs are to be taken to have been paid to the judgment

creditor before any payment in respect of the judgment debt.

(6) A garnishee who appears at attachment of debt proceedings may

deduct his costs in a sum assessed by the court before paying

any sum over to the judgment creditor in pursuance of the

attachment of debt order.

51.15 (1) No attachment of debt order may be made in respect of money

in court standing to the credit of the judgment debtor.

(2) The judgment creditor may however apply for an order that

sufficient of the money in court to satisfy his judgment and the

fixed costs of the application be paid to him.

(3) Until hearing of the application the money to which it relates must not be paid out of court.

(The fixed costs are set out in Appendix A to Part 67)