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ARTICLE · 26 SEPTEMBER 2011

What’s yours is mine

The effectiveness of the garnishee Order.

AustraliaCorporate/Commercial Law

The effectiveness of the garnishee Order

As a Creditor, once you have obtained Judgment against a debtor, there are a number of ways with which you can enforce the payment of that Judgment. One of them is the garnishee Order.

A garnishee Order allows you to bypass the Judgment Debtor ("JD") – especially when the JD is recalcitrant - and recover the amount directly from a third party who owes money to the JD, or who holds money on the JD's behalf.

There are two types of garnishee Order – one being a garnishee of salary or wages, and the other being a garnishee of debts. 

By the garnishee Order the Court orders the third party, which is usually:

- the JD's bank,
- the JD's employer, or

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