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Civil Procedure Act 2005
125Repayment of excess amounts
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#### 125 Repayment of excess amounts
125 Repayment of excess amounts
(cf Act No 9 1973, section 106; Act No 11 1970, section 56)
> > (1) If a judgment creditor receives an amount paid under a garnishee order in excess of the amount required to satisfy the judgment, the judgment creditor—
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> > > (a) must forthwith notify the judgment debtor and the garnishee of that fact, and
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> > > (b) on demand made by the judgment debtor, must repay the excess to the judgment debtor.
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> > (2) The amount of the excess is recoverable from the judgment creditor, by the judgment debtor or by the garnishee, as a debt in any court of competent jurisdiction.
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> **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].