Garnishee's statement that no debt due or accruing or no wage or salary payable (Form 72)

A garnishee who believes that no debt from it to the judgment debtor was due or accruing when the garnishee order was served, or that no wage or salary will become payable to the debtor while the order is in force, may serve a statement to that effect on the judgment creditor (UCPR r 39.40(1)). The statement must be verified by affidavit and must summarise the grounds for that belief. Form 72 is the approved statement and affidavit. A reasonable disclosure in the affidavit does not expose the garnishee to any action, liability, claim or demand (r 39.40(2)).

When you need it

• A bank has been served with a garnishee order for debts but holds no funds for, and owes nothing to, the judgment debtor.
• An employer has been served with a wage garnishee order but the debtor no longer works there or is not paid by it.
• A real estate agent served with a rent order (Form 71B) holds no rent for the debtor: the rules apply to rent as they do to wages (r 39.43A), and the Form 71B information sheet says to serve a statement in the approved form.

1. 1

   Court details and title

   Copy the case details and party names from the garnishee order served on you.

2. 2

   Garnishee details

   Give the garnishee's name and address and identify the judgment creditor and judgment debtor.

3. 3

   Statement to judgment creditor

   Choose the debts option (stating the date the order was served) or the wage or salary option.

4. 4

   Reasons

   Summarise in numbered paragraphs why you believe nothing is payable, for example that no account is held or the employment ended on a stated date.

5. 5

   Signature and affidavit

   The garnishee or an authorised person signs the statement. On the separate page, the garnishee or authorised officer swears or affirms that the statement and reasons are true, before a justice of the peace, solicitor, barrister, commissioner for affidavits or notary public.

• Serve the statement and affidavit on the judgment creditor at the address for service shown on the garnishee order (r 39.40(1)). The rule speaks of service on the judgment creditor rather than filing in court.
• Act promptly: debts attached by a debts order are payable within 14 days after service (Civil Procedure Act 2005 s 118), so the creditor should hear quickly if nothing is owed.
• If you instead claim some other person is entitled to the money, or has a lien or charge over it, you can apply to the court to decide that claim (r 39.41).

• Add a statement that generative artificial intelligence was not used to generate the affidavit's content: UCPR r 35.3B(2) requires it and this form does not print it.
• The version on the UCPR site is marked version 1 in the file, although the forms list shows version 2. Check the list for the latest file before use.
• If a debt is due to the debtor more than 28 days after service, that is a different situation: serve a notice under r 39.43 giving the due date instead.