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Final garnishee order attaching earnings (Rule 923(7)) (Form 75)

Form 75 is the Supreme Court of Tasmania final garnishee order attaching earnings. It requires the employer to keep deducting part of the debtor's pay for the creditor.

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Format
Word (DOCX)
Category
Court form
Form number
Form 75
Version
v8a80c335
Last updated
26 October 2026

Supreme Court of Tasmania · Supreme Court Rules 2000; Supreme Court Forms Rules 2000

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What Form 75 is for

A provisional garnishee order attaching earnings (Form 74) requires the employer or other payer (the garnishee) to deduct the prescribed amount on each pay-day and hold it (r 921, Supreme Court Rules 2000 (Tas)). Under rule 923(1), after 21 days from service on the garnishee and the judgment debtor, and on proof of service, the Court or a judge may make the order final without anyone attending, unless either has filed a notice disputing that earnings are payable, or the debtor has objected and claimed a reduction. The Court can also vary the prescribed amount when it decides an objection (r 923(6)). A final order must be in the prescribed form (r 923(7)), which is Form 75.

When you need it

  • A provisional order attaching earnings has been served on the garnishee and the judgment debtor.
  • 21 days have passed with no dispute or objection filed, or the Court has determined one.
  • You want the deductions to continue until the judgment debt and garnishee costs are paid.

How to fill it in

  1. 1

    Fill in the parties and the provisional order date

    Name the judgment creditor, judgment debtor and garnishee, and insert the date of the provisional order.

  2. 2

    Say where payments go

    Insert the name and address to which the garnishee must pay the deducted amounts for the judgment creditor.

  3. 3

    Complete the note

    The note sets the deduction at 20% of net earnings after the usual deductions listed (tax instalments, health fund premiums, superannuation, periodic payments owed to the garnishee and earlier attachment orders). If the Court varied the amount, reflect the order made.

  4. 4

    State the amount outstanding

    Insert the balance owing on the judgment, the costs of the garnishee proceedings and the total.

Filing, lodging and service

  • Seek the final order after the 21-day period with proof of service under rule 922 (r 923(1)).
  • Serve the final order on the garnishee as soon as possible after it is made (r 924).
  • The Court may order execution if the garnishee fails to pay the amounts deducted (r 923(2)); the form includes that order.
  • Payment by the garnishee is a valid discharge against the judgment debtor to the extent paid (r 926).

Common mistakes

  • Make sure the total in paragraph 2 of the note is current, so the employer knows when to stop.
  • Priority between several orders served on the same employer is set by rule 929.

Frequently Asked Questions

How does the employer know how much to deduct?

The note on Form 75 tells the employer to deduct 20% of net earnings after the listed usual deductions, unless the Court has varied the amount (rr 920, 923(6)).

Can the judgment debtor ask for a smaller deduction?

Yes. Within 21 days after service of the provisional order the debtor can file a notice of objection claiming a reduction, with a full statement of their financial position verified on oath or by statutory declaration (r 923(1)(b), (4)).

Checked against the official sources on 26 October 2026

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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