Application and Affidavit for Provisional Garnishee Order Attaching Earnings (Form 25E)

Division 2A of Part 8 of the Magistrates Court (Civil Division) Rules 1998 (Tas) lets a judgment creditor recover a judgment debt from the debtor's earnings. On an application accompanied by an affidavit in the approved form, a registrar may, without anyone attending, make a provisional order that on each payday the employer (the garnishee) deduct the prescribed amount from the debtor's earnings and hold it until the order is made final or discharged (r 129G(1)). The prescribed amount is 20% of net earnings, after deductions for tax instalments, health fund premiums, superannuation contributions, payments owed to the employer and earlier attachment orders (r 129F). Earnings include wages, salary, some pensions and other periodical payments, other than a pension, benefit or allowance payable under Commonwealth law (r 129F(1)).

When you need it

• You hold a Magistrates Court of Tasmania money judgment that has not been paid in full, and you know who employs the judgment debtor.
• The employer carries on business within the jurisdiction of the Court.
• An order can be made even if no earnings are owing at the time or the amount is uncertain (r 129G(3)).

1. 1

   Court and parties

   Enter the court location and action number, the judgment creditor and judgment debtor by name only, and the garnishee employer's full name and address (registered office if a company), with phone, fax and DX.

2. 2

   Deponent and capacity

   Insert the name and address of the person swearing the affidavit and strike out the words in paragraph 1 that do not apply (judgment creditor, or their legal practitioner or agent).

3. 3

   The judgment and balance owing

   In paragraphs 2 to 4 state the date of judgment, the amount with the interest and costs included, payments made since, and the amount still due and unpaid.

4. 4

   Employment details

   In paragraph 5 name the employer, give its address and the debtor's occupation. Paragraph 6 confirms the employer carries on business within the jurisdiction.

5. 5

   Swear or affirm

   Sign before a justice of the peace or other authorised person (r 62).

• The court's civil disputes page says to file one copy of Form 25E and three copies of the Provisional Garnishee Order Attaching Earnings (Form 25F). Copies of the provisional order are returned to you.
• Serve the provisional order on the employer and the judgment debtor as soon as possible (r 129H(1)). Any person may serve it (r 129H(2A)). Service binds the debtor's earnings as they are earned (r 129H(3)).
• Complete affidavits of service. If neither the employer nor the debtor disputes the earnings, and the debtor does not object claiming a reduction, the final order (Form 25G) can be made after 21 days (r 129I).
• A fee applies: the Civil Division fee table includes a filing fee on enforcement process. Check the fees page. Fixed costs of garnishee proceedings are in item 4 of Part 3 of Schedule 1 (r 129G(4)).

• Get the employer's correct legal name and registered office, for example from an ASIC search. The court's civil disputes page stresses identifying parties correctly.
• The judgment debtor can object within 21 days claiming a reduction of the 20% if they file a full statement of their financial position verified on oath or statutory declaration; a magistrate then decides (r 129I(1)(b), (4)).
• Leave of the Court is needed to enforce a judgment more than 6 years old (r 121).