125Repayment of excess amounts

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—

(a) must forthwith notify the judgment debtor and the garnishee of that fact, and

(b) on demand made by the judgment debtor, must repay the excess to the judgment debtor.

(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.

pt 2A, divs 1–6 (ss 18A–18O): Ins 2010 No 135, Sch 6.2 [2]. Rep 2013 No 1, Sch 1.6 [2].