Garnishment Rules and Regulations in Saint Lucia: A Comprehensive Guide
In Saint Lucia, creditors have the right to attach movable property belonging to their debtors, as well as any sums owed to them, through a process called garnishment.
The Garnishment Process
To initiate the garnishment process, a writ is issued commanding the garnishes to withhold any sums of money, things, or effects belonging to the defendant and ordering them not to dispose of these assets without an order from the Court. The writ also summons the defendant to answer the plaintiff’s demand.
Writ Formalities
The garnishment writ is subject to the same formalities as ordinary writs of summons and is governed by articles 678, 679, 680, 682, 685, and 688, among others. A statement indicating the amount for which the attachment is being made must also be endorsed on the writ.
Contesting the Garnishee’s Declaration
If the garnishes’ declaration is not contested, the Court or Judge will render judgment on both the principal demand and the attachment, taking into account the garnishee’s declaration. However, either the plaintiff or defendant can contest the garnishee’s declaration, which must be served on the garnishee along with a notice to appear at a specified date to answer the contestation.
Time Limits
In cases where the plaintiff fails to contest the garnishee’s declaration within eight days after the principal judgment, they will be foreclosed from doing so unless the Court extends the time limit. The defendant, on the other hand, can contest the attachment made against them or in the hands of a garnishee through the same process as capias.
Purpose and Benefits
These rules and regulations aim to provide creditors with a means of collecting debts owed to them by attaching assets belonging to their debtors, while also protecting the rights of debtors and ensuring fair play.
Key Points:
- Garnishment allows creditors to attach movable property and sums owed to debtors.
- The process begins with a writ commanding garnishes to withhold assets and summoning the defendant to answer.
- Contestation can occur on both the principal demand and attachment.
- Time limits apply for contesting the garnishee’s declaration.
- These rules aim to balance creditor rights with debtor protection and ensure fair play.