Garnishee order for wages or salary (Form 71)

A garnishee order for wages or salary attaches, to the extent of the amount outstanding under the judgment, any wage or salary payable by the garnishee (usually the employer) to the judgment debtor while the order is in force (Civil Procedure Act 2005 s 119). It continues until the judgment debt is satisfied (s 119(3)) and binds the Crown as an employer (s 119(4)). Form 71 (version 5) is the approved order, issued by the court after a successful application, stating the amount outstanding (UCPR r 39.37). The employer must pay within 14 days after each wage or salary falls due (CPA s 120). The total paid under all garnishee orders must not reduce the debtor's net weekly pay below the protected amount in CPA s 122, which is indexed.

When you need it

• You hold an unpaid NSW court judgment and know who employs the judgment debtor.
• You want regular deductions from the debtor's pay until the judgment is paid.
• For money in a bank account use Form 70 instead.

1. 1

   Apply first

   File a notice of motion for a garnishee order (Form 69) with an affidavit under r 39.35 identifying the employer and the amount payable under the judgment. The court issues Form 71 if it makes the order.

2. 2

   Garnishee order details

   Enter the employer's name and address, the judgment debtor and their address if known, and the amount outstanding in orders 1 and 2.

3. 3

   Issuing details

   Completed by the court: date made, place issued, signature and capacity.

4. 4

   Judgment creditor's details

   Give the name and address for service where payments are to be sent, with telephone and email.

5. 5

   Information sheet

   The attached sheet tells the employer how long it has to pay, what it may retain for expenses, the protected earnings amount and what to do if no wage is payable. Serve it 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 relevant court.

• Each payment must be accompanied by a statement showing the amount attached, the amount retained and the amount paid (CPA s 123(3)).
• The employer may retain a prescribed amount for expenses ($13 under UCPR Sch 3 item 4), but nothing where the debt is under an instalment order (a limited garnishee order).
• If the debt becomes subject to an instalment order, the employer pays only the instalments from the time the instalment order is served on it (CPA s 119(1)(b) and (2)).
• The judgment debtor can apply to the court to vary or suspend payments under a garnishee order (CPA s 124A).