Attachment to be for benefit of all creditors
3. (1) A creditor who attaches a debt shall be deemed to do so for the benefit of all creditors of the debtor as well as for the creditor’s own benefit. R.S.O. 1990, c. C.45, s. 3 (1). To whom to be paid (2) Payment of the debt shall be made to the sheriff for the county in which the debtor resides or, if the debtor resides outside the Province, to the sheriff for the county in which the proceeding that gave rise to the judgment was commenced. R.S.O. 1990, c. C.45, s. 3 (2). Garnishment in courts and specified (3) This section does not apply to a debt attached by garnishment in the Small Claims Court, the Ontario Court of Justice or the Family Court of the Superior Court of Justice unless, before the amount recovered by garnishment is actually received by the creditor, an execution against the property of the debtor is placed in the hands of the sheriff for the county. R.S.O. 1990, c. C.45, s. 3 (3); 2006, c. 19, Sched. C, s. 1 (2, 4). Money paid to sheriff who has no execution in hand (4) Where money is paid to a sheriff in whose hands there is no execution against the property of the debtor and there is in the hands of the sheriff for another county an execution against the property of the debtor, the court on the application of the last-mentioned sheriff or of a creditor or of the debtor may direct, on such terms as to costs and otherwise as seem just, that such money be paid over to the last-mentioned sheriff to be distributed by him or her as if such money had then been paid to him or her by the garnishee, and the court shall fix the compensation to be paid to the sheriff by whom the money was received from the garnishee for his or her services. R.S.O. 1990, c. C.45, s. 3 (4). Money paid into specified courts (5) Where money recovered by garnishment is paid into the Small Claims Court, the Ontario Court of Justice or the Family Court of the Superior Court of Justice, the sheriff is entitled to demand and receive it from the clerk of the court for the purpose of distributing it under this Act, except in so far as the priority created by subsection 4(1) applies to the money. R.S.O. 1990, c. C.45, s. 3 (5); 2006, c. 19, Sched. C, s. 1 (2, 4). Right of attaching creditor to share with other creditors (6) An attaching creditor is entitled to share in respect of that creditor’s claim against the debtor in any distribution made under this Act, but that creditor’s share shall not exceed the amount recovered by that creditor’s garnishment proceedings unless that creditor has in due time placed an execution or a certificate given under this Act in the sheriff’s hands. R.S.O. 1990, c. C.45, s. 3 (6). Sheriff’s right to recover attached debt (7) If money referred to in subsection (5) is received by the attaching creditor, the sheriff may recover it from that creditor. R.S.O. 1990, c. C.45, s. 3 (7). Clerk not liable (8) The clerk of the Small Claims Court, the Ontario Court of Justice or the Family Court of the Superior Court of Justice is not liable for making payment to the creditor unless, at the time of payment, the clerk has notice that there is an execution against the property of the debtor in the sheriff’s hands. R.S.O. 1990, c. C.45, s. 3 (8); 2006, c. 19, Sched. C, s. 1 (2, 4). Support Orders