Final Garnishee Order Attaching a Debt (Form 25D)

After a provisional garnishee order attaching a debt has been served on the garnishee and the judgment debtor, either of them has 21 days to file a notice disputing liability. If neither does, the Court or a registrar may, on proof of service and without anyone attending, order that the provisional order be made final and, if the garnishee has not paid, that execution issue for the amount bound and the costs (r 129(1) of the Magistrates Court (Civil Division) Rules 1998 (Tas)). A final order must be in the approved form (r 129(7)), which is Form 25D. It orders the garnishee to pay the judgment creditor the debt it owes the judgment debtor, or the amount outstanding under the judgment, and allows execution against the garnishee if it does not pay.

When you need it

• A provisional garnishee order attaching a debt (Form 25B) was made and served on the garnishee and the judgment debtor.
• More than 21 days have passed since service and neither has filed a notice disputing liability.
• You have affidavits of service for both the garnishee and the judgment debtor.

1. 1

   Court and parties

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

2. 2

   Provisional order date

   Insert the date of the provisional garnishee order being made final.

3. 3

   Amounts

   Fill in the claim amount, costs, any interest, the total judgment, the costs of the garnishee proceedings and the overall total.

4. 4

   Interest

   If interest continues to run on the balance, insert the rate and the start date. A judgment carries interest under section 26 of the Act, at the rate that applied when it was entered or the contract rate where the debt carried interest.

5. 5

   Leave the signature block

   The date and District Registrar signature are completed by the Court. Complete the "Filed by" block.

• The court's civil disputes page says to file the Final Garnishee Order form with the affidavits of service at the Magistrates Court once 21 days have passed without objection. Copies are returned to you.
• Serve the final order on the garnishee as soon as possible after it is made (r 129A(1)). Any person may serve it (r 129A(2)). Then complete an affidavit of service.
• If the garnishee or debtor files a notice disputing liability within the 21 days, a magistrate determines the dispute and may make a final order, discharge the provisional order or make another order (r 129(2)-(6)).

• Unless otherwise directed, the costs of garnishee proceedings are kept out of the money recovered before the judgment debt (r 129D(2)).
• Payment by the garnishee under the order discharges it against the judgment debtor to that extent, even if the judgment is later set aside (r 129C).
• If the amount recovered does not cover the debt, the court's page says you can apply for another garnishee order.