Provisional garnishee order attaching a debt (incorporating notices to debtor and garnishee) (Rule 912(2)) (Form 70)

Division 5 of Part 35 of the Supreme Court Rules 2000 (Tas) lets a judgment creditor attach debts owed to the judgment debtor by a third person (the garnishee). On a written application with an affidavit in the prescribed form, a judge or registrar may, without any attendance, make a provisional order attaching those debts and requiring the garnishee to hold them until the order is made final or discharged (r 912(1)). The order must be in the prescribed form (r 912(2)), which is Form 70. The application and affidavit is Form 69. Wages and salary are attached under Division 6 instead (r 910(2)).

When you need it

• You hold an unpaid money judgment and someone, such as a bank or a business customer, owes money to the judgment debtor.
• For the debtor's wages, salary or other periodic earnings, use Form 74 instead.
• A debt owed by a firm carrying on business in Tasmania can be attached even if some partners live elsewhere (r 911).

1. 1

   Heading and parties

   Copy the registry and file number, and name the judgment creditor, judgment debtor and garnishee.

2. 2

   The order

   Insert the garnishee's name and address, the date of the judgment or order, the amount still outstanding including costs and interest, the costs of the garnishee proceedings and the total.

3. 3

   Costs of the garnishee proceedings

   These are set by the Table in Part 4 of Schedule 1 (r 912(3)). The court's Costs endorsed page lists the current garnishee figures.

4. 4

   Notices

   Leave the printed notices to the garnishee and to the judgment debtor in place. The judge or registrar dates and signs the order.

• Lodge the application and affidavit (Form 69) with the draft order at the registry. It can be made without anyone attending (r 912(1)).
• Serve the provisional order on the garnishee and the judgment debtor as soon as possible after it is made (r 913(1)). Service on the debtor can be at their address for service, usual residence or place of work, or as directed (r 913(2)).
• If neither files a notice disputing the debt within 21 days after service, the Court can make the order final on proof of service and order execution if the garnishee has not paid into court (r 914(1)). A dispute is heard by the Court or a judge (r 914(2)-(6)).

• Service on the garnishee binds the debts in its hands (r 913(3)), so serve the garnishee promptly.
• Orders take priority in the order they are served, and the first served is paid in full before later ones (r 919).
• Serve the final order on the garnishee as soon as possible after it is made (r 915).