Any creditor in possession of a writ of execution in proof of a debt certain and due immediate payment may in order to secure payment, attach any sum of money owed the debtor by a third party subject to the special provisions relating to the attachment of earnings.
The effect of such attachment shall be to immediately award to the distrainor creditor, depending on the amount owed by the third party, the amount of the claim in principal, interest and costs only.
The sums attached shall be made inalienable by the act of attachment.
The act of attachment shall render the third party personally liable for the claim up to the amount of his obligation to the debtor.
Where several acts of attachment are served on the same third party and on the same day, they shall be deemed to have been served simultaneously. Where the sums available are not sufficient to satisfy all the distrainor creditors, the claims shall rank equally.
Subsequent notification of other attachments or any other measure of deduction at source, even those emanating from preferential creditors shall not affect the award, without prejudice to the provisions organizing collective proceedings.
Where an attachment of sums is annulled, subsequent attachments and deductions shall take effect from their due dates.
The garnishee shall be required to declare the extent of his obligations to the debtor to the garnishor. He shall also disclose any terms likely to affect his obligations, and where necessary any previous transfer of claims, assignment of debts or any prior attachments.
He shall hand over any documents in proof thereof.
The above declaration and the handing over of the documents shall be done on the spot to the bailiff or process server or within five days of service of the act of attachment where same was not served personally on the party. The act of attachment shall make mention of any declaration made and any documents handed over on the spot. Any inexact, incomplete or late declaration shall engage the liability of the third party debtor to pay the claim, without prejudice of an order to pay damages.