Recovery Of Judgment Debts – Garnishee And Writs

If you have obtained a judgment in your favour and the judgment debtor has failed to pay the judgment amount to you, what are your options? This article looks at two ways you can enforcement a judgment: a garnishee order and a writ.

Garnishee order

A garnishee order imposes an obligation on a third party (i.e. not the judgment debtor) to pay you the judgment debt amount. The third party must owe money to the judgment debtor.

Typically, the courts are willing to impose a garnishee order on a bank, financial institution or other third party that holds money on behalf of the judgment debtor, or an employer who owes the judgment debtor wages or salary.

Procedure

Application for a garnishee order is a straightforward procedure.