Provisional Garnishee Order Attaching Earnings (Form 25F)

Division 2A of Part 8 of the Magistrates Court (Civil Division) Rules 1998 (Tas) deals with attaching a judgment debtor's wages, salary and other periodic earnings. On the judgment creditor's application with an affidavit in the approved form (Form 25E), the registrar may, without anyone attending, make a provisional order that on each payday the garnishee (usually the employer) deducts the prescribed amount and holds it until the order is made final or discharged (r 129G). The prescribed amount is 20% of net earnings, meaning earnings less usual deductions for PAYG tax instalments, health fund premiums, superannuation contributions due, periodic payments owed to the garnishee, and earlier attachment orders (r 129F). The order can be made even if no earnings are due at the time or the amount is uncertain (r 129G(3)). Form 25F is the order, with notices to the garnishee and debtor.

When you need it

• You hold an unpaid money judgment and know who employs or regularly pays the judgment debtor.
• You want the judgment paid off over time from the debtor's pay.
• For money in a bank account or a one-off debt owed to the debtor, use Form 25B instead.

1. 1

   Court and parties

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

2. 2

   Judgment amounts

   Insert the judgment date, claim amount, costs, any interest and the total judgment, then the costs of the garnishee proceedings (item 4 of Part 3 of Schedule 1, r 129G(4)) and the total.

3. 3

   Interest

   Insert the interest rate and start date. Judgment interest runs under section 26 of the Magistrates Court (Civil Division) Act 1992.

4. 4

   Deduction terms

   Paragraph 2 is printed: 20% of net earnings after the listed deductions. Do not change it; only a magistrate can vary the prescribed amount (r 129I(6)).

5. 5

   Leave for the registrar

   Leave the date and District Registrar's signature blank, and complete the 'filed by' footer with your address for service.

• The court's civil disputes page says to file one copy of the Application and Affidavit (Form 25E) and three copies of Form 25F. Copies of the provisional order are returned to you.
• Serve the order on the garnishee and the judgment debtor as soon as possible (r 129H(1)). Any person may serve it (r 129H(2A)). Serve the debtor at their address for service, usual residence or place of employment or business, or as directed (r 129H(2)). Service binds the debtor's earnings in the garnishee's hands as they are earned (r 129H(3)).
• After 21 days, if neither has filed a notice disputing that earnings are payable and the debtor has not objected with a statement of financial position, the registrar may make the order final (r 129I(1)). File the Final Garnishee Order Attaching Earnings (Form 25G) with the affidavit of service, then serve it on the garnishee (r 129J).
• A filing fee applies to enforcement processes; check the fees page.

• Within 21 days the debtor may file a notice of objection seeking a lower deduction, with a full statement of their financial position verified on oath or by statutory declaration (r 129I(1)(b), (4)). After a final order, the debtor may apply for a variation for severe and unusual hardship caused by a significant change in circumstances (r 129I(4A)).
• The garnishee holds deductions until the order is made final, then pays them to the judgment creditor (Form 25F notice to garnishee).
• If two orders are served on the same day they share one 20% deduction equally; otherwise later orders apply to what is left (r 129N).
• The catch-all for other periodic payments does not include a pension, benefit or allowance payable to the debtor under a Commonwealth law (r 129F(1)).