Garnishee Order

A remedy after judgement, whereby a lender can serve this on your bank and claim any monies in your accounts in repayment of a debt.

A court order instructing a garnishee (a bank) that funds held on behalf of a debtor (the judgement debtor) should not be released until directed by the court. The order may also instruct the bank to pay a given sum to the judgement creditor (the person to whom a debt is owed by the judgement debtor) from these funds.

You can use a garnishee order to force a third party who either holds money belonging to the debtor or owes the debtor money. The garnishee order only works once at the moment it is served. If there is no money in a bank account at the time it is served then the order fails. To apply for a garnishee order you have to fill in a copy of Form N349 and send it to the court with the appropriate fee.

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