Pre-judgment garnishing orders have been called "unique and extraordinary". They are
one of only two forms of pre-judgment execution available in B.C.,
the second being the far more onerous Mareva injunction.
What is a pre-judgment garnishing order and what does it do?
A pre-judgment garnishing order is a way of securing funds from
a debtor to satisfy a judgment you have yet to obtain. Courts treat
them as "an extraordinary remedy" because, as a general
rule, a plaintiff is not entitled to judgment execution against a
defendant without first obtaining a judgment. A pre-judgment
garnishing order can be obtained despite the fact that the
defendant debtor has not granted security over its assets to the
plaintiff creditor. Using a garnishing order, a plaintiff can cause
a person or institution (i.e., banks, credit unions, etc.) indebted
to a defendant to pay the amount the person or institution owes to
the defendant into court. That money is then held pending a
decision
