DISPUTES (GARNISHEE PROCEEDINGS)

Disputes shall be brought before the court of the place of residence or the place of abode of the debtor. Where the debtor’s residence is unknown, the disputes shall be brought before the court of the place of residence or the place of abode of the garnishee.

Under pain of inadmissibility, the dispute shall be brought before the competent court by a writ of summons within a period of one month from the date of disclosure of the attachment to the debtor.

The garnishee shall be duly summoned.

The garnishee who fails to file an opposition within the prescribed period may institute a substantive action for the recovery of any payment made in error, in conformity with the procedure applicable to the institution of civil claims.

The competent court shall endorse the attachment in relation to the uncontested amount of the debt. Its decisions shall be enforceable forthwith before registration.

Where it appears that neither the amount of the garnishor’s claim nor the debt owed by the garnishee has been seriously challenged, the competent court may provisionally order the payment of an amount which it shall determine, and where necessary, order that guarantees be furnished by the garnishor.

The decision taken by the court which heard the matter shall be subject to appeal within fifteen (15) days of notification.

The time limit for appeal and the notice of appeal shall suspend enforcement except the competent court decides otherwise in a reasoned ruling.

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