​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Garnishee orders - Frequently Asked Questions ​


1. The employer only sent me part of the money I'm owe​​d. Is this it?

When a wage or salary is garnished, the judgment debtor must be left with a minimum amount. Currently, the minimum amount of wages or salary that must b​e left for the debtor is $484.10 (as at October 2016). You can check the current amount on the Local Court website.

There may be other amounts that come out of the judgment debtor's wages ​​before the garnishee can pay you. Therefore, the employer can only send you the difference between the debtor's total wage or salary and the minimum amount of money they must leave the debtor to live on.

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2. Does the $13.00 kept by the garnishee come​​ out of my money?

The garnishee is entitled to keep $13.00 for administration expenses in complying with the Garnishee Order. The $13.00 does not reduce the judgment debt and does not reduce the money the debtor has to pay you.

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3. I served the g​arnishee order. Why hasn't the garnishee sent me any money?

If the court issued a Garnishee Order for Wages or Salary the garnishee must make the payment to you within 14 days from the date the wage or salary is due to be paid to the judgment debtor.

If the court issued a Garnishee Order for Debts the garnishee must make payment of an amount either;

  • within 14 days from the date on which the order is served on the garnishee, or
  • if the order attaches to a debt that falls due after that date, within 14 days after the date on which the debt falls due.

If the debt that is due for payment to the judgment debtor is not due for more than 28 days after service of the Garnishee Order, the garnishee must serve you with a notice. The notice must specify the date on which the debt is, or is likely to be, due for payment to the judgment debtor.

If the garnishee does not comply with the Garnishee Order, you can make an application to the court to have the judgment debt paid by the garnishee out of their own money.

There are no specific forms for this application so you may file and serve:

  • Form 20 - Notice of Motion and
  • Form 40 - Affidavit.

You can get copies of forms from:

Alert Icon If a garnishee does not comply with a Garnishee Order you should get legal advice before taking any steps.


4. I got some money from the employer but I didn't get ​a statement. Should I be given a statement?

The employer must provide you with a statement setting out:

  • the amount of the judgment debtor's after tax wage, less the weekly amount the judgment debtor must be left with
  • the amount retained by the employer for expenses (maximum $13.00)
  • the amount paid to you.

If you don't get a statement you can contact the employer and ask them to send you a statement.


5. I received a Garnishe​​​e Statement that no debt due or accruing/ no wage or salary payable. What is this?

If the employer believes that no wage or salary is payable to the judgment debtor they may serve you with a statement which sets out the reasons why.

If a bank or third party believes that there is no debt payable to the judgment debtor at the time of service of the garnishee order they may serve a statement setting out the reasons why.


6. The debtor has been granted a garnishee instalment o​rder but I don't agree with the Order, what can I do?

If the court has granted the debtor the right to pay the judgment debt by instalments you can file an objection to the decision within 14 days of the making of the Order.

You must complete one form (there is no filing fee):

  • Form 50 - Notice of Motion Objection to Instalment Order or Order Refusing Instalment Application

You can get copies of forms from:

The Notice of Motion will be listed before a registrar or magistrate for hearing. It is up to you, as the objecting party, to satisfy the court that the order they are objecting against should not have been made. Each case will be decided on its own facts.

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7. The judgment debtor's only income is from Centrelink. Will I be able to use a Garnishee Order to get my money from them?

You cannot garnish a Centrelink benefit. It may also be difficult to garnish the bank account of a judgment debtor on Centrelink. This is because a certain amount of the Centrelink payment in their account is protected from a Garnishee Order and cannot be deducted to pay the debt. You can find out more about the judgment debtor's financial position by sending them an Examination Notice.

For information on how to do this see Examination Notice - Step by step guide.

For information on other enforcement options, see Enforcing a judgment debt.