Revised Laws of Saint Lucia (2021)

Section II   Attachment by garnishment

  1.  

    695.   In all the cases where a writ of simple attachment may be granted as hereinabove explained, a creditor may also attach any movable property belonging to his or her debtor which may be in the hands of third persons, and also whatever sums they may owe him or her, subject to the restrictions mentioned in articles 428 and 494.

  1.  

    696.   This attachment is effected by means of a writ commanding the attachment in the hands of the garnishes of whatever sums of money, things or effects they have or may have belongings or due to the defendant, ordering the garnishes not to dispossess themselves thereof without an order of the Court, and to appear at the office of the Registrar to make their declaration, and summoning the defendant to answer the demand of the plaintiff.

  1.  

    697.   It is clothed with all the formalities required for ordinary writs of summons, and is subject to the provisions of articles 678, 679, 680, 682, 685, and 688, in so far as they can be applied.

  1.  

    698.   A statement of the amount for which the attachment is made or authorised is, moreover, endorsed upon the writ.

  1.  

    699.   The provisions contained in articles 481 to 491, both inclusively, and articles 496, 496, and 497, are also applicable to cases of attachment by garnishment before judgment.

  1.  

    700.   If the declaration of the garnishes is not contested, the Court or Judge, in rendering judgment upon the principal demand, adjudicates also upon the attachment and the declaration of the garnishee.

  1.  

    701.   The plaintiff or the defendant may contest the declaration of the garnishee.

  1.  

    Such contestation is served upon the garnishee, together with a notice to appear on a day fixed to answer the same, the ordinary delays for summoning being observed.

  1.  

    702.   In other respects the contestation is subject to the rules of ordinary procedure.

  1.  

    703.   If the plaintiff fails to contest the declaration of the garnishee within 8 days after the principal judgment, he or she is foreclosed from doing so, unless the delay is extended by the Court.

  1.  

    704.   The defendant may contest the attachment made upon himor her or in the hands of a garnishee, in the manner provided for cases of capias.