Debt & Bankruptcy Lawyers › Garnishee Orders
Garnishee Order Lawyers — Stop Enforcement. Protect Your Wages.
A garnishee order allows a judgment creditor to intercept money owed to the judgment debtor — directly from the debtor's employer (wages garnishee) or bank account (bank garnishee). A garnishee order can take effect within days of a judgment being obtained. A debt lawyer advises on the grounds for setting aside a garnishee order, applying to the court for a stay of enforcement, negotiating a payment arrangement with the judgment creditor, and protecting income needed for essential living expenses.
⚠ A garnishee order served on an employer or bank takes effect immediately — wages and bank funds are redirected to the creditor without notice to the debtor. Get urgent legal advice to stop or challenge the order.
Garnishee & Enforcement Matters We Handle
From setting aside judgment to negotiating payment arrangements — all enforcement matters.
Setting Aside a Judgment
Where a judgment was obtained in the debtor's absence — because the debtor did not receive the originating process or was unaware of the proceedings — the debtor can apply to the court to set aside the judgment. A judgment that is set aside removes the legal basis for the garnishee order and all other enforcement action. A lawyer files the application to set aside the default judgment, gathers the evidence of the debtor's non-receipt of the proceedings, and argues the case before the relevant court.
Stay of Enforcement
A debtor who is subject to a garnishee order or other enforcement action can apply to the court for a stay of execution — suspending the enforcement action while the debtor pays the debt by instalments or while an application to set aside the judgment is pending. A lawyer applies for an urgent stay of execution to immediately halt the garnishee, obtains the creditor's consent (or argues the stay application before the court), and manages the instalment payment arrangement.
Wages Garnishee — Minimum Retained Income
A garnishee order over wages cannot take all of the debtor's income — the court order must allow the debtor to retain sufficient income for essential living expenses. In NSW, a garnishee order over wages must allow the debtor to retain at least $563.40 per week (the "protected earnings amount"). A lawyer reviews the wages garnishee order to ensure the retained income threshold is correctly applied and challenges any order that leaves the debtor with insufficient income for essential living expenses.
Bank Garnishee Challenges
A garnishee order over a bank account intercepts all funds in the account up to the judgment debt amount at the time the order is served on the bank. A lawyer advises on challenging a bank garnishee where funds in the account belong to a third party (not the debtor), where the account is a joint account, or where the funds in the account are protected (such as Centrelink payments). Certain government payments are protected from garnishee under the Social Security Act 1991.
Writ of Levy — Personal Property
A writ of levy (writ of execution) authorises the sheriff to seize and sell the judgment debtor's personal property to satisfy the judgment. A debtor whose property is seized by the sheriff can apply to the court for the writ to be stayed or set aside — particularly where the property is protected (tools of trade, household furniture), where the property belongs to a third party, or where the debtor can pay the judgment by instalments. A lawyer urgently challenges an improper levy before the sheriff sells the property.
Charging Orders Over Real Property
A judgment creditor can obtain a charging order over the judgment debtor's interest in real property — effectively registering the judgment as a caveat or mortgage over the property. A charging order prevents the debtor from selling or refinancing the property without paying the judgment debt. A lawyer advises on challenging a charging order (where the debtor disputes the judgment or claims the property is protected) and on the consequences of a charging order for the debtor's mortgage and title.
The Legal Framework
Garnishee law — Civil Procedure Act 2005 (NSW) and Uniform Civil Procedure Rules 2005.
Garnishee orders — UCPR Part 39 (NSW)
In NSW, garnishee orders are made under Part 39 of the Uniform Civil Procedure Rules 2005 (UCPR). A judgment creditor can apply for a garnishee order without notice to the judgment debtor (ex parte) — by filing the application at the relevant court. The order is then served on the garnishee (the employer or bank), who must comply immediately. The judgment debtor is entitled to apply to the court to set aside or vary the garnishee order at any time. A debt lawyer advises on the grounds for setting aside or varying the order and makes the application urgently.
Protected earnings — wages garnishee limits
Under r 39.45 of the UCPR (NSW), a garnishee order over wages must not reduce the debtor's weekly take-home pay below the "protected earnings amount" — currently $563.40 per week (indexed annually). This means a garnishee order cannot take all of the debtor's wages — only the amount above the protected earnings threshold. A debt lawyer reviews the garnishee order to confirm the protected earnings amount has been correctly applied and challenges any order that leaves the debtor below the threshold.
Centrelink payments — protection from garnishee
Certain government payments are protected from garnishee under Commonwealth legislation. Social security payments (including JobSeeker, Age Pension, Disability Support Pension, and Family Tax Benefits) paid to a bank account are protected from garnishee — a creditor cannot obtain a garnishee order over these payments. However, the protection only applies to the government payments themselves, not to other funds in the same account. A lawyer advises on which funds in a bank account are protected from a bank garnishee order.
Setting aside a default judgment — the requirements
To set aside a default judgment (a judgment obtained in the debtor's absence), the debtor must demonstrate: (1) that there is a satisfactory explanation for the failure to respond to the proceedings; (2) that there is a bona fide defence to the claim (a defence that is arguable and not merely frivolous); and (3) that the application has been made promptly after the debtor became aware of the judgment. A lawyer advises on whether these requirements are satisfied and prepares the application to set aside the default judgment.
Victoria — Magistrates' Court enforcement provisions
In Victoria, judgment enforcement is governed by the Magistrates' Court Civil Procedure Rules 1999 and the Magistrates' Court Act 1989. Garnishee orders in Victoria are issued as "attachment of earnings orders" (wages garnishee) or "third party debt orders" (bank garnishee). Victoria's protected earnings amount differs from NSW. A debt lawyer advises on the specific enforcement provisions in the relevant state and challenges any order that has not been correctly made under the relevant state's rules.
ATO garnishee — no court order required
The ATO has the power to issue garnishee notices without a court order under s 260-5 of Schedule 1 to the Tax Administration Act 1953 (Cth). An ATO garnishee notice requires a bank, employer, or other third party to pay money owed to the debtor directly to the ATO. An ATO garnishee notice can be issued immediately after a tax debt becomes due and payable — without waiting for a court judgment. A debt lawyer advises on the grounds for challenging an ATO garnishee notice and negotiates with the ATO for a payment arrangement as an alternative to enforcement.
How It Works
One request. Free garnishee order advice.
Tell us whether the garnishee is over wages or a bank account, the amount of the judgment debt, and whether you received notice of the original court proceedings. A debt lawyer will advise on your options urgently.
Submit Your RequestDescribe the enforcement action
Type of garnishee (wages or bank), amount of the judgment debt, whether you received notice of the original proceedings, and the state in which the judgment was obtained.
Matched to a debt lawyer
Matched to a debt lawyer with experience in garnishee order challenges and judgment enforcement — who knows the court processes in your state and can act urgently to stop or vary the order.
Free urgent consultation
A debt lawyer contacts you urgently — advising on the grounds for challenge, the application to set aside the judgment or vary the garnishee order, and the options for negotiating a payment arrangement with the judgment creditor.