Garnishee order

In this situation, you can find out information about the debtor’s financials by issuing the debtor with an Examination Notice. The Examination Notice is posted to the debtor and requires them to provide you with this information.

If the debtor doesn’t respond sufficiently to the Examination Notice, you can issue an Examination Order. This orders the debtor to attend court, where you or your legal representative may ask them for information about their financial circumstances.

If the judgment debtor continually doesn’t attend court for this examination, the Court may issue the debtor with a notice saying that continuing to not attend can lead to their arrest. If the debtor doesn’t respond to this notice, you may then apply for a Notice of Motion Arrest Warrant for Examination, which is a warrant to be issued for the debtor’s arrest.

My Garnishee Order didn’t recover the full judgement debt, can I do it again?

You can issue a Garnishee Order multiple times on the same debtor. For example, if a Garnishee Order on the debtor’s bank account doesn’t recover the full judgement debt at that time, you may choose to issue another Garnishee Order to the same bank again in the future.

Where can I find the forms?

Get the relevant forms here:

  1. Form 69 – Notice of Motion – Garnishee Order;
  2. Form 70 – Garnishee Orders for Debts;
  3. Form 71 – Garnishee Orders for Wages or Salary;
  4. Form 71B – Garnishee Orders for Rent.​

What do I do if a Garnishee Order is issued against me?

Being issued with a Garnishee Order can have serious financial consequences, so you need to act fast if this happens to you. In this situation, you may choose to either:

  1. Pay the judgement debt in full;
  2. Negotiate with the judgment creditor;
  3. Apply to the court to pay by instalments;
  4. Claim bankruptcy under the Bankruptcy Act 1966.

We recommend obtaining legal advice ASAP if you have been issued with a Garnishee Order.