Disputes & Compliance

Garnishee Order Preparation Checklist

Enforcing a judgment by garnishee can redirect money owed to your debtor straight to you — but it follows a judgment, depends on locating the right source of funds, and must be done by the proper process, so prepare carefully.

What this checklist covers

  • Confirm you have an enforceable judgment to build on
  • Identify a viable source of funds to garnishee
  • Gather the information the process requires
  • Follow the correct enforcement procedure
  • Weigh garnishee against other enforcement options

6 min

Before you start

A garnishee order is an enforcement step that generally follows a court judgment in your favour. It directs a third party who owes money to your debtor — such as a bank or, in some cases, an employer — to pay you instead. Before preparing one, confirm you actually hold an enforceable judgment and that the debt remains unpaid.

  • Confirm you have a current, enforceable judgment for the debt.
  • Check the judgment amount, including any interest and costs.
  • Identify a realistic source of the debtor's funds to target.
  • Confirm the debt has not since been paid or otherwise resolved.

This is general information only and not legal advice. Enforcement procedures and what can be garnisheed are governed by rules that vary — get professional advice before proceeding.

Identify a source worth pursuing

  1. Consider known bank accounts, trade debtors, or other money owed to the debtor.
  2. Assess whether the source actually holds or owes funds to your debtor.
  3. Check for any protections or limits on what can be garnisheed.
  4. Weigh the cost and effort against the likely recovery.
  5. Decide whether garnishee is the best enforcement route or whether another fits better.

A garnishee aimed at an empty account achieves nothing but cost. The art is identifying a source that genuinely holds funds, which is why information about the debtor's finances is so valuable before you act.

Prepare the enforcement step

  1. Gather your judgment, the debtor's details, and the third party's details.
  2. Confirm the exact amount enforceable, including interest and costs.
  3. Follow the correct procedure to apply for the garnishee through the proper channel.
  4. Serve the relevant parties as the rules require and keep proof.
  5. Track the response and reconcile any funds you receive.

Enforcement is procedural, and mistakes cause delay or failure. Following the correct steps and serving the right parties properly is what makes the order effective rather than wasted effort.

Common mistakes

  • Attempting a garnishee without a current, enforceable judgment.
  • Targeting an account or source that holds no funds.
  • Ignoring protections or limits on what can be garnisheed.
  • Getting the procedure or service wrong, causing the order to fail.
  • Spending more on enforcement than the debt could realistically return.

Before committing to enforcement, a free debt appraisal can help you judge whether the debt is worth pursuing and which route fits best.

Key takeaways

  • A garnishee generally follows an enforceable judgment.
  • Target a source that genuinely holds the debtor's funds.
  • Follow the correct procedure and serve the right parties.
  • Weigh likely recovery against the cost of enforcing.

Frequently asked questions

Do I need a court judgment before a garnishee order?

Generally yes. A garnishee is usually an enforcement step that follows a judgment in your favour. If you do not yet have a judgment, get advice on obtaining one first.

What can be garnisheed?

Often money a third party owes the debtor, such as funds in a bank account or, in some cases, wages. There are protections and limits, and the rules vary, so take professional advice.

Is a garnishee order worth it?

Only if you can identify a source that actually holds funds and the likely recovery exceeds the cost. Information about the debtor's finances is key to making that judgement.

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