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Garnishee Order
I need a garnishee order to enforce the collection of a debt from a debtor's wages, specifying the amount to be deducted from each paycheck and ensuring compliance with New Zealand's legal requirements for garnishment, including debtor's rights and exemptions.
What is a Garnishee Order?
A Garnishee Order is a legal tool that lets creditors collect money they're owed by taking it directly from a third party who holds funds for the debtor. This often means tapping into someone's wages through their employer or accessing their bank account funds.
In New Zealand courts, these orders help creditors enforce judgments when regular payment methods fail. They're commonly used by businesses chasing unpaid debts, landlords seeking overdue rent, or government agencies collecting fines. The third party must legally comply with the order and redirect the specified payments to the creditor until the debt is cleared.
When should you use a Garnishee Order?
Consider pursuing a Garnishee Order when your debtor has refused to pay a court judgment and you know they have a steady income source or regular bank deposits. It's particularly useful when dealing with employed debtors who repeatedly ignore payment demands or break installment arrangements.
This legal tool works well for creditors who need to recover substantial debts in New Zealand, especially when the debtor has shown they won't pay voluntarily. Before applying, make sure you have details about their employer or bank, and confirm the debt amount exceeds the court's minimum threshold. Timing matters - file quickly after getting your judgment to prevent the debtor from changing jobs or moving accounts.
What are the different types of Garnishee Order?
- Attachment Order: Used for regular deductions from wages or salary, requiring employers to redirect a portion of the debtor's income
- Bank Account Garnishee: Freezes and redirects funds from a debtor's bank accounts, either as a one-time seizure or ongoing payments
- Rent Garnishee: Intercepts rental payments from tenants when a landlord is the debtor
- Benefit Garnishee: Applies to social welfare payments through Work and Income New Zealand, though subject to strict limitations
- Business Income Garnishee: Targets regular payments to contractors or business owners from their clients or customers
Who should typically use a Garnishee Order?
- Creditors: Businesses, landlords, or individuals who have won court judgments and seek to collect unpaid debts through direct payment channels
- Debtors: Individuals or entities who owe money under court judgments and whose income or assets become subject to garnishment
- Third-Party Holders: Employers, banks, or other entities who hold the debtor's funds and must comply with redirecting payments
- Court Officials: Process applications, issue orders, and ensure compliance with legal requirements
- Legal Representatives: Lawyers who help creditors prepare applications and navigate the garnishment process
How do you write a Garnishee Order?
- Court Judgment Details: Gather the original judgment number, date, and exact amount owed including any interest calculations
- Debtor Information: Collect full legal name, current address, and employment details or bank account information
- Third Party Details: Document the employer's legal name and address, or bank branch and account numbers
- Payment History: Record all previous payment attempts and correspondence with the debtor
- Form Completion: Use our platform to generate a legally compliant Garnishee Order, ensuring all mandatory fields are filled correctly
- Filing Requirements: Prepare court filing fees and any supporting documentation needed for your application
What should be included in a Garnishee Order?
- Court Details: Full name of issuing court, case number, and judgment reference details
- Party Information: Legal names and addresses of creditor, debtor, and third-party holder
- Debt Specifications: Exact amount owed, including any interest and court costs
- Payment Terms: Clear instructions on payment frequency, amounts, and method of transfer
- Legal Authority: Reference to relevant sections of the District Courts Act and Civil Procedure Rules
- Compliance Notice: Statement outlining the third party's legal obligations and consequences of non-compliance
- Duration: Specific timeframe or conditions for the order's validity and completion
What's the difference between a Garnishee Order and a Restraining Order?
A Garnishee Order differs significantly from a Restraining Order in both purpose and application. While both are court-issued orders, they serve entirely different legal functions.
- Legal Purpose: Garnishee Orders deal with debt collection by redirecting money from a third party, while Restraining Orders protect individuals from harassment or harm
- Affected Parties: Garnishee Orders involve creditors, debtors, and third-party holders (like employers or banks), whereas Restraining Orders restrict contact between specific individuals
- Duration: Garnishee Orders typically remain active until a specific debt amount is paid, while Restraining Orders often have fixed terms or remain indefinite for safety reasons
- Enforcement Method: Garnishee Orders work through financial institutions or employers making direct payments, while Restraining Orders are enforced through police and criminal penalties
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