Final Garnishee Order Attaching Earnings (Form 25G)

When a provisional garnishee order attaching earnings has been served on the employer (the garnishee) and the judgment debtor, the registrar may make it final after 21 days on proof of service, without anyone attending, if neither has filed a notice disputing that earnings are payable and the debtor has not objected claiming a reduction (r 129I(1) of the Magistrates Court (Civil Division) Rules 1998 (Tas)). A final order must be in the approved form (r 129I(7)), which is Form 25G. It orders the employer to deduct from the debtor's periodic pay and pay the deductions to the judgment creditor or the person named, until the outstanding judgment debt and costs are paid. The note on the form sets the deduction at 20% of net earnings after the usual deductions listed in rule 129F.

When you need it

• A provisional garnishee order attaching earnings (Form 25F) was made and served on the employer and the judgment debtor.
• 21 days have passed since service with no notice disputing earnings and no objection claiming a reduction.
• You have affidavits of service for the employer 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 employer's full name and address (registered office if a company).

2. 2

   Order details

   Insert the date of the provisional order, and the name and address of the person the employer must pay the deductions to.

3. 3

   Amount outstanding

   In note 2 fill in the balance owing on the judgment, the costs of the garnishee proceedings and the total.

4. 4

   Interest

   If interest continues on the balance, insert the rate and start date. Judgments carry interest under section 26 of the Act.

5. 5

   Leave the signature block

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

• The court's civil disputes page says to file the Final Garnishee Order Attaching Earnings form with the affidavits of service once 21 days pass without objection. Copies are returned to you.
• Serve the final order on the employer as soon as possible (r 129J(1)); any person may serve it (r 129J(2)). Complete an affidavit of service.
• If the employer or debtor disputes that earnings are payable, or the debtor objects claiming a reduction with a sworn statement of their finances, a magistrate decides and may make the order final or vary the amount (r 129I(3)-(6)).
• A registrar may order execution if the employer does not pay over the amounts deducted (r 129I(2)).

• After a final order, the judgment debtor can apply to vary it on the ground of severe and unusual hardship due to a significant change in personal circumstances (r 129I(4A)). The court publishes an application to reduce garnishee payments for this.
• Where several earnings orders are served on the same employer, priority follows rule 129N.
• Keep a running record of payments received so the balance in any later application or enforcement step is accurate.