Final garnishee order attaching debt where garnishee has paid amount owing into court (Rule 914(7)) (Form 71)
Form 71 is the Supreme Court of Tasmania final garnishee order used where the garnishee has paid the attached debt into court. It orders the money paid out to the judgment creditor.
Word document from Supreme Court of Tasmania's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Supreme Court of Tasmania's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 71
- Version
- v9c8a8604
- Last updated
- 26 October 2026
Supreme Court of Tasmania · Supreme Court Rules 2000; Supreme Court Forms Rules 2000
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What Form 71 is for
When a provisional garnishee order attaching a debt has been served, the garnishee holds the debt until the order is made final or discharged (r 912(1)(b), Supreme Court Rules 2000 (Tas)). Rule 914(1) allows the Court or a judge, on proof of service and if no dispute has been filed within 21 days, to make the provisional order final, and to order execution only where the garnishee has not paid into Court the amount bound by the order. Where the garnishee has paid that amount into Court, Form 71 is the prescribed final order (r 914(7)): it makes the provisional order final and directs that the sum paid in be paid out to the judgment creditor.
When you need it
- A provisional garnishee order attaching a debt was served on the garnishee and the judgment debtor.
- The garnishee has paid the amount bound by the order into Court.
- 21 days have passed since service with no notice disputing liability, or the Court has resolved any dispute.
How to fill it in
- 1
Fill in the parties
Name the judgment creditor, judgment debtor and garnishee with the registry and proceeding number, matching the provisional order.
- 2
Identify the provisional order
Insert the date of the provisional garnishee order.
- 3
Insert the sum paid in
State the amount the garnishee paid into Court, which is to be paid out to the judgment creditor.
- 4
Leave the signature for the court
The order is dated and signed by the Registrar or District Registrar.
Filing, lodging and service
- Seek the order after the 21-day period, with proof of service of the provisional order on the garnishee and the judgment debtor (rr 913, 914(1)).
- Serve the final order on the garnishee as soon as possible after it is made (r 915).
- Unless otherwise directed, the creditor's garnishee costs come out of the money recovered before the judgment debt (r 918(2)).
Common mistakes
- Confirm with the registry the exact sum held before completing the order.
- If the amount paid in does not cover the judgment, the balance remains enforceable by other means.
- Payment by the garnishee is a valid discharge against the judgment debtor to the extent paid (r 917).
Frequently Asked Questions
What is the difference between Form 71 and Form 72?
Form 71 is used when the garnishee has already paid the money into Court, so the order directs payment out to the creditor. Form 72 is used when the garnishee still holds the money and must pay the creditor directly, with execution available if it does not.
Can the judgment debtor stop the order becoming final?
Yes, by filing a notice disputing the garnishee's liability within 21 days after service of the provisional order. The Court then decides the dispute (r 914(2)).
Checked against the official sources on 26 October 2026
- Supreme Court Rules 2000 (Tas) Part 35 Division 5 (rr 912-919)
- Supreme Court of Tasmania - Form 71 Final garnishee order where amount paid into court
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
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