By Renee Smith a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group
So you have been successful in receiving a default judgment in relation to the Judgment Debtor. So how do you go about enforcing that judgment debt and collecting the money owed?
One option is to apply to the Court for a garnishee order. A garnishee order is an order by a court which directs payment of the judgment debt from any of the following:
- The debtor’s wages – usually taken in instalments payable by the judgment debtor’s employer;
- The debtor’s bank account/s (usually collected in a lump sum or instalments); or
- People who owe money to the debtor (usually collected in lump sums unless arrangements are made otherwise).
Failure to comply with a garnishee order can be a contempt of the court, and as the debts are payable by a third party, garnishee orders can be a great advantage to creditors in debt recovery. One disadvantage to the use of garnishee orders can be not knowing what assets may be available to be the subject of a Garnishee order. However in the right matter, garnishee orders can be extremely effective as a debt recovery tool. .
If you are interesting in knowing more about the use of garnishee orders in enforcing your judgment debts, contact a Principal of the Matthews Folbigg Insolvency, Restructuring & Debt Recovery Group:
Jeffrey Brown on (02) 9806 7446 or jeffreyb@matthewsfolbigg.com.au
Stephen Mullette on (02) 9806 7459 or stephenm@matthewsfolbigg.com.au
