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You need a judgment from the court before you can apply for a garnishee order for debts.
A garnishee order for debts is a court order that allows you to recover the judgment debt from the other party's bank account or someone else who owes the other party money, for example, rental income. To get a garnishee order for debts, follow the steps in the guide on this page.
You will need two forms:
You can get a copy of the form from:
The notice of motion has an affidavit attached.
You can file the notice of motion garnishee order online 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:
When you have finished filling out the form you need to sign it in front of an approved witness such as a solicitor, barrister or Justice of the Peace (JP).
The affidavit in support 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 debts.
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 debts.Sample:
Sample garnishee order for debts.
You can file the form on the
NSW Online Registry or the Local Court. If you are filing the forms at the Local Court, you can take or send the forms to the same 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 a sealed (stamped) copy of the garnishee order to the garnishee (for example, the other party's bank). You do not have to give a copy to the judgment debtor.
If you are serving a garnishee order on a bank, you should contact the bank to find out their address for service of legal documents. This address is different to the branch address.
The bank or person holding money on behalf of the other party, such as a real estate agent must pay you any funds they hold that are greater than the minimum balance.
The other party must be left with the minimum balance, which is currently $523.10 per week (as at 1 April 2020).
If the other party's bank account has a balance of less than the minimum balance plus $20.00, the bank does not have to comply with the order.
If the money in the other party's account does not cover the whole judgment debt, you can apply for another garnishee order.
Once 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.
If the other party receives a government pension or benefit, all or part of the money in their bank account may be protected from the garnishee order.
Often the other party is not aware of the garnishee order until the money has been taken out of their bank account. The other party may apply to the court to pay by instalments.
For more information, see
Being paid in instalments.