Civil Courts (Attachment of Debts) Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE CIVIL COURTS (ATTACHMENT OF DEBTS) ACT
CHAPTER 78 OF THE LAWS OF ZAMBIA
CHAPTER 78 THE CIVIL COURTS (ATTACHMENT OF DEBTS) ACT
THE CIVIL COURTS (ATTACHMENT OF DEBTS) ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Examination of judgment debtor as to debts due to him
3. Court may order an attachment of debts
4. Order for attachment to bind debts
5. Proceedings to levy amount due from garnishee to judgment debtor
6. Court may allow judgment creditor to sue garnishee
7. Garnishee discharged
8. Court may refuse to interfere in proceedings to attach debts
9. Proceedings where third person has a lien on the debt
10. Court may bar claim of third person and make orders
11. Costs of application
12. No attachment of wages or salaries

person has a lien on the debt
10. Court may bar claim of third person and make orders
11. Costs of application
12. No attachment of wages or salaries

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
CHAPTER 78
CIVIL COURTS (ATTACHMENT OF DEBTS)
An Act to make provision for the attachment of debts; and to provide for matters
incidental to or connected therewith. [15th August, 1940]
12 of 1940
4 of 1943
Government Notice
497 of 1964
1. This Act may be cited as the Civil Courts (Attachment of Debts) Act. Short title
2. It shall be lawful for any creditor who has obtained a judgment in any court in
Zambia to apply to the court for a rule or order that the judgment debtor should be orally
examined before the court as to any and what debts are owing to him; and the court may
make such rule or order for the examination of such judgment debtor and for the
production of any books or documents. Examination of
judgment debtor as to
debts due to him
3.

for the examination of such judgment debtor and for the
production of any books or documents. Examination of
judgment debtor as to
debts due to him
3.

It shall be lawful for a court, upon the ex parte application of such judgment
creditor, either before or after such oral examination and upon affidavit by himself or his
attorney stating that judgment has been recovered, and that it is still unsatisfied, and to
what amount, and that any other person is indebted to the judgment debtor, and is within
the jurisdiction of the court, to order that all debts owing or accruing from such third
person (hereinafter called the garnishee) to the judgment debtor shall be attached to
answer the judgment debt; and, by the same or any subsequent order, it may be ordered
that the garnishee shall appear before the court to show cause why he should not pay the
judgment creditor the debt due from him to the judgment debtor, or so much thereof as
may be sufficient to satisfy the judgment debt. Court may order an
attachment of debts
4. Service of an order that debts due or accruing to the judgment debtor shall be
attached, or notice thereof to the garnishee, in such manner as the court shall direct, shall
bind such debts in his hands. Order for attachment
to bind debts
5.

r notice thereof to the garnishee, in such manner as the court shall direct, shall
bind such debts in his hands. Order for attachment
to bind debts
5.

If the garnishee does not forthwith pay into court the amount due from him to the
judgment debtor, or an amount equal to the judgment debt, and does not dispute the debt
due or claimed to be due from him to the judgment debtor, or if he does not appear upon
summons, then the court may order execution to issue, and it may be sued forth
accordingly, without any previous writ or process, to levy the amount due from such
garnishee towards satisfaction of the judgment debt. Proceedings to levy
amount due from
garnishee to judgment
debtor
6. If the garnishee disputes his liability, the court, instead of making an order that
execution shall issue, may order that the judgment creditor shall be at liberty to proceed
against the garnishee by writ, calling upon him to show cause why there should not be
execution against him for the alleged debts, and for costs of suit. Court may allow
judgment creditor to
sue garnishee

w cause why there should not be
execution against him for the alleged debts, and for costs of suit. Court may allow
judgment creditor to
sue garnishee

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
7. Payment made by or execution levied upon the garnishee under any such
proceeding as aforesaid shall be a valid discharge to him as against the judgment debtor
to the amount paid or levied, although such proceedings may be set aside or the judgment
reversed. Garnishee discharged
8. In any proceedings to obtain an attachment of debts under this Act, the court
may, in its discretion, refuse to interfere, where from the smallness of the amount to be
recovered, or of the debt sought to be attached, or otherwise, the remedy sought would be
worthless or vexatious. Court may refuse to
interfere in
proceedings to attach
debts
9. Whenever in proceedings under this Act to obtain an attachment of debts it is
suggested by the garnishee that the debt sought to be attached belongs to some third
person who has a lien or charge upon it, the court may order such third person to appear
before it, and state the nature and particulars of his claim upon such debt. Proceedings where
third person has a lien
on the debt
10.

erson to appear
before it, and state the nature and particulars of his claim upon such debt. Proceedings where
third person has a lien
on the debt
10.

After hearing the allegations of such third person under such order, and of any
other person whom, by the same or any subsequent order, the court may think fit to call
before it, or in the case of such third person not appearing before it upon such summons,
the court may order execution to issue to levy the amount due from such garnishee, or the
judgment creditor to proceed against the garnishee according to the provisions of this Act,
and it may bar the claim of such third person, or make such other order as it shall think fit,
upon such terms, in all cases, with respect to the lien or charge (if any) of such third
person, and to costs, as it shall think just and reasonable. Court may bar claim of
third person and make
orders
11. The costs of any application for an attachment of debts under this Act, and of
any proceedings arising from or incidental to such application, shall be in the discretion of
the court. Costs of applications
12.

er this Act, and of
any proceedings arising from or incidental to such application, shall be in the discretion of
the court. Costs of applications
12.

Notwithstanding anything in this Act contained, wages and salaries shall not be
liable to attachment:
No attachment of
wages or salaries
Provided that the provision contained in this section shall not be deemed to prevent
the attachment of any wages or salary for the purpose of enforcing an affiliation order,
maintenance order or a judgment for damages in respect of personal injury. (As amended by No. 4 of 1943)