Responding to garnishee orders

About garnishee orders

If you don’t pay the judgment debt, the other party can ask for a garnishee order directing a third party to pay the money to them. 

The other party can ask the court to issue your employer with a garnishee order for wages or salary. This order forces your employer to take money from your wages and send it to the other party. 

The other party can also get a garnishee order for debts. This kind of garnishee order forces your bank or credit union to take money from your account and pay it to the other party. It can also be used to order anyone else who owes you money, or holds money on your behalf, to pay that money to the other party.

Garnishee order for wages or salary

The most common garnishee order is for wages or salary. This order is served on your employer. Your employer is called the garnishee.

The other party does not have to tell you they applied for a garnishee order. You might only find out when you check your bank account and realise that money is missing from your wages.

If your employer receives a garnishee order they must take an amount of money from your wage and pay it to the other party. This will continue each time you are due to be paid your wages until the whole of the judgment debt has been paid or until the court stops the order.

When your employer gets a garnishee order, they have to leave you with a minimum amount of money to live on, known as the 'weekly compensation amount'. The current weekly compensation amount is $612.60 per week (as at 1 October 2025). The weekly compensation amount is changed in April and October each year. You can check the current amount on the Garnishee amounts page of the Local Court of NSW website. 

Your employer is also allowed to deduct a further $13.00 for their administration expenses.

If there is a garnishee order against your wages, you can still apply to the court to pay the debt by instalments in smaller amounts leaving you with more take home pay. For more information, see Step by step guide - Application to pay by instalments.

Garnishee order for debt

A garnishee order for debts is used when someone owes you money or holds money for you. For example:

• ​​​​​bank, building society or credit union accounts
• money owed to you for rent payments or work done.

A garnishee order for debts orders the garnishee to make a single payment to the other party, up to the value of the judgment debt. A garnishee order may not apply to your bank account if it has less than $20.00 in it.

You must be left with a minimum balance amount (for example in your bank account). The minimum balance amount is currently $612.60  per week (as at 1 October 2025). If you are not left a minimum balance you should get legal advice. You can check the current amount on the Garnishee amounts page of the Local Court of NSW website. The garnishee is allowed to deduct $13.00 for administration expenses.

If you receive Centrelink payments, all or part of the money in your bank account may be protected from a garnishee order. If your Centrelink payments have been garnished, get legal advice​.

What you can do

To try and stop wages or your bank account being garnished you can consider these options:

Apply for a stay of enforcement

If you need more time to pay the judgment debt, for example because you need to borrow money or sell property, you can apply to the court for a temporary order stopping enforcement. This is called applying for a stay of enforcement, or a stay of proceedings. For more information, see  Step by step guide - Stay of enforcement.

Pay the judgment debt

You can pay the debt by giving the other party the amount of the writ in full including any court costs or levies. For more information, see Paying the claim.

If you cannot pay this amount in full, you could try to come to an arrangement with the other party as to how it will be paid. For more information, see Negotiating after judgment in After court.

Apply to the court to pay by instalments

The first time you apply to the court to pay the judgment debt by instalments, all enforcement action, will automatically stop. 

If you are making a second or later application to pay by instalments, you will also need to apply for a stay of enforcement to stop enforcement. For more information, see Step by step guide - Application to pay by instalments.

Apply to set aside default judgment

If you did not file a defence and the other party got a default judgment against you, you can apply to the court to set aside the default judgment. In your application, you will need to explain to the court:

• ​​​​why you did not file a defence within 28 days of receiving the statement of claim, and
  
• what your defence is to the claim.
  

For more information, see Step by step guide - Setting aside a default judgment.