Section 20: Attachment

20. Attachment (1) (a) The Magistrate, upon the application of any creditor, may, within the limits of his jurisdiction, allow such creditor to lodge in the hands of a third party, any attachment or opposition against the payment or delivery of any sums or effects due or belonging to his debtor, to the amount of one third over and above the debt actually due. [Issue 1] D12 – 6 Revised Laws of Mauritius (b) The attachment or opposition shall be valid without any other formality than the service of the Magistrate’s order until the right of the seizing party has been finally adjudicated or otherwise directed by the Magistrate. (2) Where the defendant is a trader, or the plaint entered is for the recovery of rent, the Magistrate may, on satisfactory proof being given that the defendant is about to remove his goods and chattels, issue an order for the provisional seizure of the goods and effects of the defendant. PART IIA – SMALL CLAIMS PROCEDURE