New South Wales Repealed Acts

This legislation has been repealed.

LOCAL COURTS (CIVIL CLAIMS) ACT 1970 - SECT 47

47 Garnishee orders

(1) The registrar of a court in which a judgment is given or entered up may make an order that all debts due or accruing to the judgment debtor from any person specified in the order shall be attached to answer the judgment debt.

(2) A garnishee order shall take effect upon its being served on the garnishee, and upon its being so served:

(a) except in a case to which paragraph (b) applies or except in the case of an order to which section 48 applies, shall operate to attach in the hands of the garnishee, to the extent of the amount specified in the order, all debts which are due or accruing from the garnishee to the judgment debtor at the time of service of the order (whether or not they were so due or accruing at the time when the order was made),

(b) in the case of an order expressed to be for the attachment of any wage or salary, not being an order to which section 48 applies, shall operate, subject to this Division, to attach, to the extent of the amount specified in the order, the wage or salary next payable by the garnishee to the judgment debtor within 4 weeks after the service of the order on the garnishee.

(3) An application for a garnishee order may be made ex parte by, and shall be supported by an affidavit of, the judgment creditor.

(4) A garnishee order shall:

(a) specify the unpaid amount of the judgment debt owing to the judgment creditor, and

(b) require the garnishee to pay, in accordance with this Act and the rules, the debt, wage or salary attached or so much of it as may be sufficient to satisfy that unpaid amount after deducting such amount (if any) as may be notified in writing to the garnishee by the judgment creditor or the registrar as having been paid or credited to the judgment creditor on account of that unpaid amount otherwise than under the order.

(5) Where, by reason of the smallness of the judgment debt or of the amount to be recovered or of the debt sought to be attached or for any other reason, the registrar is of the opinion that a garnishee order should not be made, the registrar may refuse to make the order.