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Garnishee orders
A garnishee order is an order made by the court to allow you to recover the judgment debt from: the debtors bank account the debtors wages people who owe money to the debtor.

The person the order is addressed to (the employer, bank or person who owes money to the judgment debtor) is known as 'the garnishee'. The rules about garnishee orders are set out in rule 39.34 39.43 of the Uniform Civil Procedure Rules2005.

Further information LawAccess NSW 1300 888 529

Garnishee Order for Wages or Salary

The most common garnishee order is for the judgment debtors wages or salary. This order tells the judgment debtors employer to take an amount of money from the judgment debtors wage and pay it to you until the whole judgment debt is paid off. When the judgment debtors wages are garnished, they must be left with a minimum amount of money to live on, currently $409.10 per week (as at January 2011).

The amount left for the debtor is based on a weekly compensation amount adjusted in April and October each year. To check the current amount contact the Local Court. Before paying you, the garnishee is allowed to deduct up to $13.00 for administration expenses. This doesnt come out of the money owed to you. The Garnishee Order for Wages or Salary remains in force until the whole of the judgment debt has been paid or until the court makes other orders.

Garnishee Order for Debts

This order tells the garnishee to pay money they hold on behalf of the judgment debtor to you. A Garnishee Order for Debt can be addressed to: a bank where the judgment debtor has an account OR another financial institution where the judgment debtor has an account OR anyone else who holds money on behalf of the debtor, such as a real estate agent who collects rent for the judgment debtor.

If you apply for the judgment debtors bank account to be garnished, all the money held in the account at the date of

the order will be taken from the account and sent to you. If this amount does not cover the whole judgment debt, you can apply for another garnishee order. Before paying you, the garnishee is allowed to deduct up to $13.00 for administration expenses. This doesnt come out of the money owed to you. For more information, see: Garnishee Order for Wages or Salary - Step by step guide Garnishee Order for Debts Step by step guide Garnishee Orders Frequently Asked Questions

Last updated: 14 January 2011