What is a garnishee order?
A garnishee order is a court order directing a third party (the "garnishee") who owes money to a judgment debtor to pay that money directly to the judgment creditor instead. Common garnishees are employers (for wages), banks (for account balances), and customers (for debts owed to the debtor). Under UCPR Part 39 Division 3 (NSW) and equivalents, garnishee orders are a fast, low-cost enforcement tool where the debtor has known income sources.
How garnishees work
The judgment creditor applies to the court (UCPR rule 39.34 in NSW) supported by evidence of the judgment and the debt. The court issues the garnishee order directing the garnishee to pay. When served, the garnishee must pay the specified amount to the judgment creditor (or into court) or face liability for the debt themselves. Most garnishees comply promptly to avoid becoming personally liable.
Wage garnishees — statutory protections
Wage garnishees are subject to statutory minimum protections. In NSW, the Civil Procedure Act 2005 (NSW) and associated regulations prescribe a minimum weekly wage that cannot be garnisheed (currently around $614.75 per week for 2025-26). Victoria, Queensland, and other states have similar protections. The point is to prevent driving debtors to destitution through enforcement.
Bank account garnishees
A garnishee served on a bank attaches the account balance at the moment of service — money deposited after service is not automatically caught. This makes timing crucial. A follow-up garnishee on the same account can capture later deposits. Joint accounts have particular rules — only the debtor's interest can be garnisheed.
How I help with garnishee applications
I draft garnishee applications, assess debtor income/asset profiles, and recommend the right enforcement sequence. For debt recovery practices this is high-volume routine work. I also draft responses for garnishees served with orders where there are questions about the underlying debt.
Common issues
- Wage protections cannot be avoided by serial garnishees
- Bank garnishees only capture balance at service — repeat garnishees may be needed
- Centrelink benefits are generally not garnishable
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