A garnishee order is a court order that directs a third party — known as the garnishee — to pay money it owes to or holds for a debtor directly to the creditor, rather than to the debtor. It is one of the most effective post-judgment enforcement tools available to a creditor.
Common targets for a garnishee order:
- Bank accounts — a bank garnishee order directs the debtor's bank to pay the balance (or a portion of it) from the debtor's account to the creditor.
- Wages or salary — an earnings garnishee order directs an employer to deduct a fixed amount from the debtor's wages each pay period until the judgment debt is satisfied.
- Debts owed to the debtor — a garnishee order can also be directed at a debtor's own customers who owe the debtor money.
What this means for you: If a garnishee order has been made against your account, funds may already have been redirected without advance notice to you. If you believe a garnishee order has been incorrectly applied — for example, to funds that should have been exempt — you should seek independent legal advice promptly.
If a judgment debt exists and you have not yet made arrangements to pay it, contacting us before enforcement is taken is strongly in your interest.
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