NSW UCPR [Form 70] Garnishee Order for Debts

When is a NSW UCPR [Form 70] Garnishee Order for Debts used?

See ss.117, 118, 118A, 122 and 123 of the Civil Procedure Act 2005 (NSW) and UCPR 39.36 for more information.

A Garnishee Order for Debt directs a person (the Garnishee) who holds money payable (other than Salary or Wages - see [Form 71] Garnishee Order for Salary or Wages OR other than Rent where the judgment debt is for unpaid contributions to an Owner's Corporation - see [Form 71B] Garnishee Order for Rent) to the Judgment Debtor to pay that money to the Judgment Creditor in satisfaction of the judgment debt.

If your [Form 69] Notice of Motion for a Garnishee Order is granted and is for a debt, the Court will grant the Garnishee Order using this [Form 70] requiring the Garnishee to pay money payable to the Judgment Debtor, to you instead.

You MUST serve a copy of the Garnishee Order for Debts on the Garnishee.

Amount Not to be Garnisheed

See s.118A of the Civil Procedure Act 2005 (NSW) for more information.

Any amount paid under one or more Garnishee Orders MUST not reduce the amount of the debt from the Garnishee to the Judgment Debtor to less than $447.70, being the standard workers compensation weekly benefit (the amount prescribed by Division 6 of Part 3 of the Workers Compensation Act 1987 (NSW), as adjusted from time to time under s.82).

The objective of this requirement is that any person whose bank accounts are garnished will continue to hold some funds.

See the Important information for the Garnishee (detailed below) sheet attached to the rear of the form, under the heading ‘Making payments’, in particular:        

Important information for the Garnishee

Please read this Notice and the Garnishee Order for Debts very carefully.

Attached to this Notice is a Garnishee Order for Debts issued out of a New South Wales Court.

The order requires you (the Garnishee) to pay money you are holding on behalf of or owe to the Judgment Debtor to the Judgment Creditor in satisfaction of the judgment debt.

The Garnishee Order takes effect from when it is served on you.

Time within which payment to be made

Payment must be made to the judgment creditor within 14 days after the date of service of this order or, if the order attaches a debt that falls due after that date, within 14 days after the date on which the debt falls due.

Making payments

Payment MUST be made to the Judgment Creditor at the address specified in the Garnishee Order.

You are entitled to retain a maximum of $13.00 to cover your expenses in complying with the Garnishee Order.  

Any amount that you retain for expenses does not operate to reduce the judgment debt.

Any amount paid under one or more Garnishee Orders MUST not, in total, reduce the amount of the aggregate debt that is due and accruing from the garnishee to the Judgment Debtor to less than the standard workers compensation weekly benefit (section 118A Civil Procedure Act 2005).

This amount is adjustable – refer to the WorkCover NSW website http://www.workcover.nsw.gov.au to determine the applicable rate.

A payment to the Judgment Creditor MUST be accompanied by a statement showing:

⚖️ The amount attached under the Garnishee Order;

⚖️ How much of that amount has been retained by you for your expenses; and

⚖️ How much of the amount has been paid to the Judgment Creditor.

What if there is no debt due or accruing?

If you believe that there is no debt payable by you to the Judgment Debtor at the time of service of this order you may serve a [Form 72] Garnishee's Statement to that effect on the Judgment Creditor.

The [Form 72] Garnishee's Statement MUST be in the approved form and set out the reasons you believe that there is no debt payable.

Debts yet to accrue If the Garnishee Order attaches a debt that is due for payment to the Judgment Debtor more than 28 days after service of this order on you, you MUST, within that period of 28 days, serve Notice of that fact on the Judgment Creditor.  

The Notice MUST specify the date on which the debt is, or is likely to be, due for payment to the Judgment Debtor and, if the amount of the debt is less than the unpaid amount of the judgment debt specified in the Garnishee Order, the amount of the debt.

Lien or claim of third person

If you claim that some person, other than the Judgment Debtor, is or may be entitled to any money paid under the Garnishee Order, any debt attached by the Garnishee Order or any charge, lien or other interest in any such money or debt, you may apply to the Court to determine your claim.

When garnishee not obligated to pay amount to judgment creditor

A Garnishee Order does not operate to attach to a debt if the debt is an amount of less than $20 standing to the credit of the Judgment Debtor in a financial institution.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005.