Affidavit and application for provisional garnishee order attaching a debt (Rule 912(1)) (Form 69)

Part 35 Division 5 of the Supreme Court Rules 2000 (Tas) lets a judgment creditor attach debts that a third person, the garnishee, owes to the judgment debtor. Under rule 912(1), on a written application accompanied by an affidavit in the prescribed form, a judge or a registrar may make a provisional order, without anyone attending, that all debts owing or accruing from the garnishee to the judgment debtor are attached to satisfy the judgment and the costs of the garnishee proceedings, and that the garnishee hold the debt until the order is made final or discharged. Form 69 combines that affidavit and the application. Wages and salary are not debts for this Division; they are attached under Division 6 with Form 73 (r 910(2)).

When you need it

• You hold a Supreme Court judgment or order for the payment of money (other than into Court) that is unpaid.
• A person or business, such as a bank or a customer of the debtor, owes or will owe money to the judgment debtor and is within the jurisdiction.
• The money is not earnings. To attach wages, salary or other periodic payments, use Form 73 instead (r 910(2), r 920).
• A debt owed by a firm carrying on business in Tasmania can be attached even if some partners live outside the jurisdiction (r 911(1)).

1. 1

   Fill in the parties

   Name the judgment creditor, judgment debtor and garnishee in the heading, with the registry and proceeding number.

2. 2

   Identify the deponent

   Give the name, address and description of the person swearing it: the judgment creditor, or the creditor's practitioner or agent, and state that capacity in paragraph 1.

3. 3

   Set out the judgment

   Give the date judgment was entered and the amounts of the judgment debt, interest and costs (paragraph 2), then the amount now due and unpaid, broken into balance, interest and costs (paragraph 3).

4. 4

   Describe the garnishee

   Give the garnishee's name, address and description and state that the garnishee is indebted to the judgment debtor and is within the jurisdiction of the Court (paragraph 4).

5. 5

   Swear the affidavit and sign the application

   Swear or affirm the affidavit before an authorised witness. The application at the end is signed and dated by the judgment creditor or the creditor's practitioner.

• File it at the registry where the judgment was entered, in person, by prepaid post, or by email if approved (rr 83, 87A). A judge or registrar can deal with it without anyone attending (r 912(1)).
• The provisional order itself is Form 70 (r 912(2)). Serve it on the garnishee and the judgment debtor as soon as possible (r 913(1)). Service on the judgment debtor can be at their address for service, their usual residence or place of employment or business, or as directed (r 913(2)).
• Service binds the debts in the garnishee's hands (r 913(3)). If neither the garnishee nor the debtor files a notice disputing liability within 21 days after service, the order can be made final on proof of service (r 914(1)).
• The costs of garnishee proceedings are fixed by the Table in Part 4 of Schedule 1 to the Rules (r 912(3)). Check the court's fees pages for current amounts.

• Use current figures for the balance, interest and costs. The amount in paragraph 3 is what the order will bind.
• Where the debt is owed by the Crown and recoverable from an officer or agent, the proceedings are taken against that officer or agent (r 910(4)).
• If more than one provisional order is served on the same garnishee, they rank in the order they were served (r 919).