The garnishee shall make payment to the garnishor on presentation of a certificate from the registry to prove that no opposition was filed within one month following disclosure of the attachment, or on presentation of the enforceable decision of the court dismissing the opposition.
Payment may equally be made before the expiry of the time limit for opposition, where the debtor declares in writing that he is not opposed to the attachment.
Payment shall be made against a receipt to the garnishor or his specially authorised agent, who shall immediately inform the creditor thereof.
Such payment shall extinguish the obligation of the debtor and of the garnishee up to the amount of the sums paid.
Where an opposition is filed, any party may apply to the competent court to name an escrow account into which the garnishee shall pay the sums attached.
Where the attachment concerns a claim that is to be paid by installments, the obligation of the third party debtor shall be extinguished as and when the installments are paid in accordance with the provisions of paragraph (1) of Article 165 of the OHADA Law.
The third party debtor shall be informed by the creditor by registered letter with acknowledgement of receipt or by any other means with written proof, of the fact that the debt has been extinguished even where the sums were paid into an escrow account as provided for in Article 166 of the OHADA Law.
The attachment shall no longer be effective upon cessation of the obligation of the garnishee towards the debtor. The garnishee shall inform the garnishor thereof by registered mail with acknowledgement of receipt or by any other means with written proof.
In the case of refusal by the garnishee to pay the sums which he admits or has been adjudged owed the debtor the dispute shall be brought before the competent court which may issue a writ of execution against the garnishee.