Recovering Judgment Debts from Bank Accounts and Third Parties
A creditor with an unpaid judgment may be able to recover money from a bank or another person who owes money to the debtor. Garnishee proceedings provide the means to attach that money and seek an order for its payment towards the judgment debt. They are particularly relevant where the creditor knows the debtor’s bank or can identify a customer, tenant or other person from whom payment is due.
The procedure requires evidence of an attachable debt or property interest. The existence of an unpaid judgment does not, by itself, establish that a particular bank holds recoverable funds. Nor does an initial attachment entitle the creditor to immediate payment. The court must first address the rights of the debtor, the garnishee and any other person claiming an interest.