Notice of motion - garnishee order (Form 69)

A garnishee order is a court order addressed to a third party (the garnishee) who owes money to, or holds money for, the judgment debtor. It can attach wages or salary, money in a bank account, or other debts such as rent held by a real estate agent. Form 69 is the approved notice of motion for the order, and its heading cites Uniform Civil Procedure Rules 2005 (NSW) r 39.34. Under the Civil Procedure Act 2005, garnishee orders against wages or salary must not reduce the debtor's net weekly pay below a minimum amount, indexed under the Workers Compensation Act 1987 (s 122), and the garnishee may keep a prescribed amount to cover its expenses on top of each payment (s 123). The Online Registry offers separate online versions for debts and for wages or salary.

When you need it

• You hold a NSW judgment for money that has not been paid.
• You know the debtor's employer, bank or financial institution, or someone who holds money for them, such as a managing agent collecting rent.
• The judgment is not stayed by a court order, an instalment order or a suspension under the Legal Profession Uniform Law Application Act 2014.

1. 1

   Heading, judgment date and parties

   Copy the court details, give the date of judgment, and name the judgment debtor and the proposed garnishee under Person affected by orders sought.

2. 2

   Order sought and garnishee details

   Choose wages or salary, rent or debts and state the amount. Complete Details about proposed garnishee with the garnishee's name and full address. The Online Registry says the order can only be served on a garnishee with an Australian address.

3. 3

   Affidavit: amount payable

   Identify the person liable under the judgment, the amount payable (including earlier enforcement costs but excluding post-judgment interest), interest under s 101 of the Civil Procedure Act 2005, and service and solicitors' fees for this order.

4. 4

   Affidavit: the debt being attached

   Select the option that applies: wages or salary; rent held in a trust account by an agent (this option is for an owners corporation enforcing unpaid contributions for the lot); or a debt such as a bank account, giving the institution and account details. Explain why you believe the garnishee owes or is likely to owe money to the debtor.

5. 5

   Affidavit: no stay, then swear

   Confirm the judgment is not stayed, or explain why an instalment order has ceased to have effect. Swear or affirm before an authorised witness; deponent and witness sign each page. Legal Aid NSW says the affidavit must be signed and witnessed no more than 14 days before you file the motion, which matches UCPR r 39.35(1).

• File online through the NSW Online Registry or at the court where the statement of claim was filed. Legal Aid NSW says there is no filing fee for a garnishee order for debts and that you do not need to prepare the garnishee order (Form 70) when filing online.
• Send or serve the sealed garnishee order on the garnishee. For a bank, Legal Aid NSW recommends asking the bank for its address for service of legal documents, which differs from branch addresses. You do not have to give the debtor a copy.
• The garnishee pays the judgment creditor directly. For wages, the Local Court of NSW publishes the current weekly compensation amount the debtor must be left with; it is adjusted in April and October each year.

• Legal Aid NSW warns that where the debtor receives a government pension or benefit, some or all of the money in their account may be protected from a garnishee order.
• A bank does not have to pay under a debts order if the account balance is below the weekly compensation amount plus $20, according to Legal Aid NSW. A further order can be sought later.
• Add a statement that generative AI was not used to prepare the affidavit; this version of the form does not contain one (Practice Note SC Gen 23).