If you hold a judgement against an individual a Garnishee Order is an option to recover your judgment debt. This is an Order from the court that requires monies to be taken from a judgment debtor’s bank accounts, wages or from someone else who holds money on behalf of the judgment debtor.
For example a real estate agent may be collecting rent on behalf of a judgment debtor. In those circumstances a garnishee order would require the real estate agent to deduct monies held on behalf of the judgment debtor.
In the event that an institution or person that is holding money on behalf of the judgment debtor, fails to deduct money in accordance with a garnishee order then that person or institution may become liable for part or whole of the judgment.
The more information provided about the judgment debtor the more effective a creditor can be at recovery. Information such as which bank the debtor holds accounts at, who is their employer or what real estate agent they use, allows a more precise drafting of any Garnishee Order and with it better prospects of success. The filing fee for a Garnishee Order in the Local Court is $78 for an individual creditor or $156 for a company creditor.
A downfall of the Garnishee Order is if there is no monies available at the time the Order is received by the institution or individual then no monies can be deducted. Timing is important and it can sometimes come down to luck.
A Garnishee Order can be an efficient and cost effective way of recovering monies owed under a judgment. If you hold a judgment and wish to enforce it you should contact a solicitor to discuss your options.
At Everingham Solomons, our dispute resolution team is committed to providing the most time and cost efficient outcome when pursuing enforcement of judgments because Helping You is Our Business.
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