A garnishee order can be obtained by a creditor once judgment
has been granted against a debtor for payment owed to the creditor.
A garnishee order by the court provides that a creditor may attach
a portion of the debt owed by a third party, known as the
garnishee.
How to Obtain a Garnishee Order:
The creditor must apply to the relevant court for the garnishee
order. The application must be accompanied by a supporting
affidavit identifying the debtor and the garnishee. In addition,
the supporting affidavit must confirm judgment has been granted
against the debtor, the outstanding debt and the debt payable by
the garnishee. Once the application is issued at court, the debtor
and the garnishee will be served with a copy of the application,
which will provide a date to appear if the debtor seeks to dispute
the application. On the date of appearance, the debtor must explain
why the debtor should not be liable for the debt owed.
