Final garnishee order attaching debt (Rule 914(7)) (Form 72)

A provisional garnishee order (Form 70) binds debts the garnishee owes the judgment debtor. Under rule 914 of the Supreme Court Rules 2000 (Tas), if neither the garnishee nor the judgment debtor files a notice disputing liability within 21 days after service of the provisional order, the Court or a judge may, on proof of service and without anyone attending, make the order final and, where the garnishee has not paid the bound amount into Court, order that execution issue. If liability is disputed, the Court decides the dispute and may make a final order, discharge the provisional order or make another order (r 914(2)-(6)). A final garnishee order must be in the prescribed form (r 914(7)). Form 72 is the version used where the garnishee is to pay the creditor directly.

When you need it

• A provisional garnishee order attaching a debt has been served on both the garnishee and the judgment debtor.
• 21 days have passed since service and no notice disputing liability has been filed, or the Court has resolved a dispute in the creditor's favour.
• The garnishee has not paid the money into Court. If it has, use Form 71.

1. 1

   Fill in the parties

   Name the judgment creditor, judgment debtor and garnishee as in the provisional order, with the registry and proceeding number.

2. 2

   Identify the provisional order

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

3. 3

   State the amounts

   Insert the amount outstanding under the judgment or order, the costs of the garnishee proceedings and the total the garnishee must pay. The garnishee pays the debt it owes, or as much as is enough to cover that total.

4. 4

   Execution in default

   The order provides that execution may issue against the garnishee if it does not pay. Leave the date and the Registrar's signature block for the court.

• Ask for the final order after the 21 days, with proof that the provisional order was served on the garnishee and the judgment debtor in accordance with rule 913 (r 914(1)).
• Once made, serve the final order on the garnishee as soon as possible (r 915).
• Payment by, or execution levied on, the garnishee is a valid discharge of the garnishee against the judgment debtor to that extent (r 917).
• The creditor's garnishee costs are retained out of the money recovered before the judgment debt, unless otherwise directed (r 918(2)).

• Check whether the garnishee has already paid into Court before preparing the order. The form you need depends on it.
• Use the same costs figure as the Table in Part 4 of Schedule 1 to the Rules allows (r 912(3)).
• If a third person claims the debt or a lien over it, the Court may require that person to appear before a final order is made (r 914(5)).