Provisional Garnishee Order Attaching a Debt (Form 25B)

Division 2 of Part 8 of the Magistrates Court (Civil Division) Rules 1998 (Tas) lets a judgment creditor attach debts owed to the judgment debtor by someone else (the garnishee), such as a bank holding the debtor's account. On a written application with an affidavit in the approved form (Form 25A), a registrar may, without anyone attending, make a provisional order that all debts owing or accruing from the garnishee to the debtor are attached and held until the order is made final or discharged (r 127). Form 25B is that order; it includes printed notices to the garnishee and the judgment debtor. Service of the order on the garnishee binds the debts in its hands (r 128(3)). Wages and salary are dealt with separately under Division 2A, using Form 25F (r 125(2)).

When you need it

• You have a judgment for money that has not been paid and you know where the debtor banks or who owes the debtor money (for example, an agent collecting rent for them).
• You want to reach money held by a third party rather than seize goods.
• For the debtor's wages or salary, use the Provisional Garnishee Order Attaching Earnings (Form 25F) instead.

1. 1

   Court and parties

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

2. 2

   Judgment details

   Insert the date of the judgment or order and the claim amount, costs, any interest, and the total judgment.

3. 3

   Costs of garnishee proceedings

   Add the costs of the garnishee proceedings, which are fixed by item 4 of Part 3 of Schedule 1 to the Rules (r 127(3)), and the total.

4. 4

   Interest

   Insert the interest rate and the date it runs from. Under section 26 of the Magistrates Court (Civil Division) Act 1992, a judgment carries interest at the rate applying under section 165 of the Supreme Court Civil Procedure Act 1932 when judgment was entered, or the contract rate if the debt carried interest.

5. 5

   Leave for the registrar

   Leave the date and the District Registrar's signature blank, and complete the 'filed by' footer with your address for service. Do not alter the printed notices.

• The court's civil disputes page says to file one copy of the Affidavit and Application (Form 25A) and three copies of Form 25B. The registry returns copies of the provisional order to you.
• Serve the order on the garnishee and the judgment debtor as soon as possible (r 128(1)). Any person may serve it (r 128(2A)). Serve the debtor at their address for service, usual residence or place of employment or business, or as a magistrate or registrar directs (r 128(2)).
• After 21 days from service on both, if neither has filed a notice disputing the debt, file the Final Garnishee Order Attaching a Debt (Form 25D) with the affidavits of service; the Court or a registrar may make the order final without anyone attending (r 129(1)).
• If either files a dispute notice, a magistrate decides it and the registrar notifies everyone of the hearing (r 129(2)-(3)). A filing fee applies to enforcement processes; check the fees page.

• The court's page says a bank garnishee catches the money in the account at the date of the order; if that does not cover the debt, you can apply for another garnishee order.
• Where two or more orders are served on the same garnishee, they rank in the order served and the first is paid in full first (r 129E).
• Name the right garnishee: for a firm, serve a person controlling the business or a partner in Tasmania (r 126(2)); for a debt owed by the Crown, proceed against the responsible officer (r 125(4)).
• Your costs of the garnishee proceedings come out of what is recovered ahead of the judgment debt, unless otherwise directed (r 129D(2)).