Provisional garnishee order attaching earnings (incorporating notice to debtor and garnishee) (Rule 921(2)) (Form 74)

Division 6 of Part 35 of the Supreme Court Rules 2000 (Tas) deals with attachment of earnings. On a judgment creditor's application with an affidavit in the prescribed form (Form 73), a judge, the Registrar or a district registrar may, without any attendance, make a provisional order that on each pay day the garnishee (usually the employer) deduct the prescribed amount and hold it until the order is made final or discharged (r 921(1)). The prescribed amount is 20% of net earnings, meaning earnings after tax instalments, health fund premiums, superannuation contributions, payments owed to the garnishee and earlier attachment orders (r 920(1)). The order must be in the prescribed form (r 921(2)), which is Form 74.

When you need it

• You hold an unpaid money judgment and the judgment debtor receives wages, salary, a pension or other periodic payments (r 920(1)).
• The order can be made even if no earnings are owing at the time or the amount is uncertain (r 921(3)).
• For a one-off debt such as a bank balance, use Form 70.

1. 1

   Heading and parties

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

2. 2

   Paragraph 1

   Insert the date of the judgment or order, the amount still outstanding including costs and interest, the costs of the garnishee proceedings (Table in Part 4 of Schedule 1, r 921(4)) and the total.

3. 3

   Paragraph 2

   Leave the 20% deduction and the list of allowable deductions as printed. They reflect the definitions in rule 920.

4. 4

   Notice to garnishee

   Insert the name and address to which the garnishee should pay the deducted amounts once the order is made final.

5. 5

   Notices and signature

   Leave the printed notices in place. The judge or registrar dates and signs the order.

• Lodge the application and affidavit (Form 73) with the draft order at the registry (r 921(1)).
• Serve the provisional order on the garnishee and the judgment debtor as soon as possible (r 922(1)). Service on the debtor can be at their address for service, usual residence or workplace, or as directed (r 922(2)).
• After 21 days from service, on proof of service, the Court can make the order final if no one has disputed that earnings are payable and the debtor has not filed a notice of objection (r 923(1)). A dispute or objection is decided by the Court or a judge, which may vary the amount (r 923(3)-(6)).

• A debtor seeking a lower deduction because of family or financial circumstances must file a notice of objection within 21 days, with a full statement of financial position verified on oath or by statutory declaration (r 923(1)(b)).
• Where several orders are served on the same day they share priority and the garnishee deducts one prescribed amount and divides it equally; otherwise earlier orders come first (r 929).
• If the employer does not pay over the deductions, the Court can order execution against it (r 923(2)).