You need a judgment from the court before you can apply for a garnishee order for wages or salary.
A garnishee order for wages or salary is a court order that allows you to recover the judgment debt from the other party's wages. The other party's employer will be required to pay some of the other party's pay (their wages or salary) to you until the debt is paid off. To get a garnishee order for wages or salary, follow the steps in the guide on this page.
You need two forms:
Form 71 - Garnishee order for wages or salary. You do not need this form if you are filing your application on the NSW Online Registry.
You can get a copy of the form from:
The notice of motion has an affidavit attached.
You can file Form 69 using the
NSW Online Registry.
You can fill out your form:
To fill out the notice of motion form you will need to have the following information ready:
Details of any earlier instalment order.
When you have finished filling out the notice of motion you need to sign the affidavit section in front of an approved witness such as solicitor, barrister or Justice of the Peace (JP).
The affidavit must be signed and witnessed on each page no more than 14 days before the date you file the notice of motion.
Instructions: Instructions for filling out the notice of motion - garnishee order.Sample: Sample notice of motion - garnishee order for wages or salary.
To fill out the garnishee order form you will need to have the following information ready:
Instructions: Instructions for filling out the garnishee order for wages or salary. Sample: Sample garnishee order for wages or salary.
You can file the form on the
NSW Online Registry or the Local Court registry.
If you are filing the forms at the Local Court, you can take or send both forms to the Local Court where the statement of claim was filed.
You should file an original and two extra copies of the forms. There is no filing fee.
Send or take a sealed (stamped) copy of the garnishee order to the other party's employer. You do not have to give a copy to the other party.
The employer will take money out of the other party's wages until the debt is paid.
The other party must be left with a minimum amount of money to live on, currently $494.30 per week (as at 1 October 2017). The amount left for the other party is based on a weekly compensation amount adjusted in April and October each year. You can check the current amount on the Local Court website.
Before paying you, the garnishee is allowed to deduct up to $13.00 for administration expenses. This doesn't come out of the money owed to you.
Often the other party is not aware of the garnishee order until the money has been taken out of their wage. The other party may apply to the court to pay by instalments. If the instalment application is approved by the court, the order becomes an instalment garnishee order and the employer can only take out the instalment amount from the other party's wage.
For more information, see
Being paid in instalments.