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Obtaining a Garnishee Order to recover Overdue Debt

garnishee order overdue debt

A garnishee order is an order made by the court for the attachment of a debt that is owed to a creditor. For example, it is the debt owed on maintenance. The relevant court shall grant a garnishee order by way of an ex parte application made by the judgment creditor against the debtor or when making an order during an inquiry through the financial state of the debtor.

Further, the Magistrates Court Act provides that the court will grant an order for attachment of any debt that is owed presently or in the future or that accrued to a debtor. The Act states that the debtor must reside, carry on business, or be employed in the district of the court to satisfy the judgment and the costs of the proceedings for the attachment whether the judgment was obtained in such a court or another Magistrates Court. The order will be made against the garnishee (the third party) to pay the overdue maintenance to the judgment creditor or his attorney at the address of the judgment creditor or his attorney.

However, the court will set aside the garnishee order if it is evident that certain factors are present such as the debtor satisfying the court that he has no sufficient means to maintain himself or anyone dependent upon him. The court will then either amend the garnishee order to satisfy the balance of the overdue debt over and above sufficient means or suspend the order.

If you have been encroached with a garnishee order and acquired legal assistance, please contact us for further assistance. Alternatively, if you are a judgment creditor and need assistance with making an ex parte application to the court to enforce a garnishee order, feel free to contact us for assistance.

 

Shervona Tia Marshall
Candidate Attorney
shervona@bbplaw.attorney

 

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