Garnishee order for debts (Form 70)

A judgment debt may be enforced by a garnishee order (Civil Procedure Act 2005 s 106(1)(b)). A garnishee order for debts attaches, to the extent of the amount outstanding under the judgment, all debts due or accruing from the garnishee to the judgment debtor at the time of service, and money in a financial institution account counts as a debt owed by the institution (s 117). Form 70 (version 7) is the approved order: the court completes and issues it after a successful application, and it directs the garnishee to pay the judgment creditor, with the amount outstanding stated in the order (UCPR r 39.36). The garnishee must pay within 14 days after service, or within 14 days after a later debt falls due (CPA s 118). Payments must not reduce the debtor's balance with the garnishee below the minimum amount set by CPA s 118A, which is indexed.

When you need it

• You hold a NSW Supreme, District or Local Court judgment that has not been paid and know where the debtor banks or who owes the debtor money.
• You want funds in the debtor's bank account, or another debt owed to the debtor (for example by a business customer), paid to you.
• For wages or salary use Form 71; for rent collected by an agent for an owners corporation's judgment use Form 71B.

1. 1

   Apply first

   File a notice of motion for a garnishee order (Form 69) with an affidavit under r 39.35. The court issues Form 70 if it makes the order; it may refuse an order where the amounts involved are small (r 39.38).

2. 2

   Court details and garnishee order

   Enter the case details, the garnishee's name and address, the judgment debtor and their address if known, and in order 1 the amount outstanding under the judgment.

3. 3

   Details of debts attached

   Identify the debt as precisely as you can, for example the financial institution, branch number and account number.

4. 4

   Issuing details

   The court completes the date the order was made, where it was issued, and the signature and capacity of the issuing officer.

5. 5

   Judgment creditor's details and information sheet

   Give the judgment creditor's name, address for service and contact details, which is where the garnishee will pay. Keep the attached information sheet for the garnishee with the order.

• The judgment creditor applies by notice of motion (Form 69), which may be dealt with in the absence of the parties and need not be served on the judgment debtor or the garnishee (UCPR r 39.34). It must be supported by an affidavit sworn not more than 14 days before filing that identifies the garnishee, the grounds for the debt, wage, salary or rent identified, and the amount payable under the judgment (r 39.35). The NSW Online Registry accepts the garnishee motions online and notes the order can only be served on a garnishee with an Australian address.
• The order takes effect when it is served on the garnishee (UCPR r 39.39). In the Supreme and District Courts a garnishee order must be personally served; in the Local Court it may be served personally or left at the garnishee's business or residential address with a person apparently 16 or older who works or lives there (r 10.20(2)).
• A filing fee applies to the application. Check the current fee schedule of the court that gave the judgment.

• The garnishee may keep a prescribed amount for its expenses on each payment (currently $13 under UCPR Sch 3 item 4); this does not reduce the judgment debt.
• Current r 39.39A says the order does not attach to an account balance below the prescribed minimum account balance plus $20. The Form 70 information sheet still describes this as a flat $20 and points to a WorkCover NSW web address for the protected amount, so check the rule and CPA s 118A rather than the form for the current figure.
• If you receive more than the judgment requires, you must tell the debtor and garnishee and repay the excess on demand (CPA s 125).
• If the garnishee does not comply, you can ask the court to give judgment against the garnishee for the lesser of the debt and the unpaid judgment amount (CPA s 124).