​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 |

Responding to garnishee orders - Frequently Asked Questions ​



​​1. I went to collect my pay and my boss told me that he had to take​​ some money out to pay someone I owe money. Is he allowed to do this?

If your employer receives a garnishee order they must comply with it. You should be left with a minimum weekly amount of $490.40 (as at 1 April 2017 - the amount is adjusted twice a year in April and October). Your employer can keep $13.00 and the rest of your wage must be sent to the judgment creditor.

Your employer will continue to deduct money from your wages until the whole of the judgment debt plus interest has been paid or until the court stops the garnishee order.


2. My boss told me he is taking​​ an extra $13.00 out of my wages for 'administration expenses'. Is this right?

Yes. Your employer is entitled to keep $13.00 from your wage for administration expenses in complying with the garnishee order.


3. I went to the bank today and my​ account balance is $0. The bank told me that they sent the money to someone I owe money. Are they allowed to do this?

If your bank receives a garnishee order they must comply with it. You should contact the creditor and make alternative arrangements for the payment of the judgment debt to stop this from happening again. For information on how to do this see Negotiating with the creditor after judgment. If you cannot come to an agreement with the creditor, you can make an application to the court to pay by instalments. For more information see Payment by instalments - Debtor.


4. I went to collect the rent from my ​​​tenants today and they told me they sent the money to someone I owe money. Can I sue them for the rent?

If your tenant or real estate agent has received a garnishee order they must comply with it. This means they have to pay the rental payment (up to the debt amount) direct to the judgment creditor and not to you. You should contact the creditor and make other arrangements for the payment of the judgment debt to stop this from happening again. For information on how to do this see Negotiating with the creditor after judgment. If you cannot come to an agreement with the creditor, you can make an application to the court to pay by instalments. For more information see Payment by instalments - Debtor.

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5. The judgment creditor garnished​ my wages but I think the amount taken is wrong. What can I do?

You should immediately contact your employer and ask for an explanation of the amount taken from your wages. If you are not satisfied with the explanation, you should get legal advice.​​

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6. The judgment creditor garnished​​ my bank account but I think the amount taken is wrong. What can I do?

You should immediately contact your bank and ask for an explanation of the amount taken from your account. If you are not satisfied with the explanation, you should get legal advice.

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7. I get Centrelink benefits. Can the judgment creditor take my Centrelink money from my bank account?

It is possible for the judgment creditor to take your Centrelink payments from your bank account. However, an amount called the 'saved amount' cannot be taken from your account. The saved amount is your Centrelink payments for the four weeks before the garnishee order was made minus anything you have withdrawn from the account in that four weeks. If a judgment creditor is trying to garnish your bank account and you get Centrelink benefits, you should get legal advice. ​