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Apply for a garnishee order

Information about how to apply for a garnishee order to recover money that is owed to you.

About garnishee orders

A garnishee order is an order from the court to have money taken from:

  • ​​the other party's bank accounts
  • the other party's  wages
  • someone else who holds money on their behalf. For example, a real estate agent who collects rent on their behalf. 

The person the order is addressed to (the employer, bank or person who owes money to the other party) is known as 'the garnishee'.

There are two types of garnishee orders: 

  • ​Garnishee order for wages or salary
  • Garnishee order for debts

Garnishee order for wages or salary

A garnishee order for wages or salary is a court order that allows you to recover the judgment debt from the other party's wages. 

The other party's employer will be required to garnish (withhold) some of the other party's pay (their wages or salary) to repay the debt. The employer is required to leave the employee with a minimum amount of money to live on, called a weekly compensation amount. Any amount that the employee earns above the weekly compensation amount can be garnished to repay their debt.  

The employer must continue to garnishee their employees’ wages until the whole debt has been paid or the court makes another order. 

To get a garnishee order for wages or salary, see Step by step guide - Garnishee order for wages or salary.

Garnishee order for debt

A garnishee order for debts is a court order that allows you to recover the judgment debt from the other party's bank account or someone else who owes the other party money,  for example rental income.

A garnishee order for debts can be addressed to: 

  • ​a bank or financial institution where the other party has an account or 
  • ​the person who holds money on behalf of the other party, such as a real estate agent who collects rent for them.

The bank, financial institution or person does not have to comply with the order unless the other party's account has a minimum amount of money to live on, called a weekly compensation amount, plus $20. 

If the money in the other party's bank account does not cover the whole judgment debt, you can apply for another garnishee order. 

Once paying you, the garnishee is allowed to deduct up to $13.00 for administration expenses. This doesn't come out of the money owed to you.

If the other party receives a government pension or benefit, it can be difficult to recover your money from a garnishee order sent to their bank account. This is because all or part of the money in their bank account may be protected from the garnishee order. If you want to garnish the bank account of a person that receives government benefits you should get legal advice. 

For more information about garnishee order for debts, see Step by step guide - Garnishee orders for debts.

Employer served with a garnishee order for wages or salary

A garnishee order is a court order requiring you to garnish an employee’s wages or salary to repay a debt they owe. 

If you have received a garnishee order for an employee it means they owes someone money under a court judgment.

For more information, see Employers served with a garnishee order.

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