2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

50.10   Obligations of third parties served with provisional order

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    (1)   A bank or other financial institution served with a provisional attachment of debts order must carry out a search to identify all accounts held with it by the judgment debtor.

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    (2)   The bank or other financial institution must disclose to the court and the judgment creditor within 7 days of being served with the order, in respect of each account held by the judgment debtor —

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      (a)     the number of the account;

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      (b)     whether the account is in credit; and

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      (c)     if the account is in credit —

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        (i)     whether the balance of the account is sufficient to cover the amount specified in the order,

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        (ii)     the amount of the balance at the date it was served with the order, if it is less than the amount specified in the order, and

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        (iii)     whether the bank or financial institution asserts any right to the money in the account, whether pursuant to a right of set-off or otherwise, and if so, the details of the grounds for that assertion.

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    (3)   If —

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      (a)     the judgment debtor does not hold an account with the bank or financial institution; or

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      (b)     the bank or financial institution is unable to comply with the order for any other reason (for example, because it has more than one account holder whose details match the information contained in the order, and it cannot identify which account the order applies to),

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    the bank or financial institution must inform the court and the judgment creditor of that fact within 7 days of being served with the order.

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    (4)   Any third party garnishee other than a bank or financial institution served with a provisional attachment of debts order must notify the court and the judgment creditor in writing within 7 days of being served with the order, if the third party garnishee claims —

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      (a)     not to owe any money to the judgment debtor; or

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      (b)     to owe less than the amount specified in the order.

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    (5)   Where the garnishee is a bank or other financial institution, the garnishee order must be endorsed with a notice to the garnishee informing the garnishee of its obligations under paragraph (2).