The final entry in this enforcement series concerns the ‘garnishee’ order.
A ‘garnishee order’, with various equivalent terms Australia-wide, is where the Court has ordered that John Smith (the bad guy) pay you money, but he doesn’t have any! Rather than continuing to wring your hands in frustration, you can – remarkably – get someone else (in legal-speak a ‘third party’) to pay the debt that John Smith owes you.
Simple … you just have to be able to obtain one of the following types of Court orders –
That John Smith’s employer pays you the money; or
That someone who owes John Smith money (a debtor) pay that money directly to you instead of John Smith.
Whilst not without its detractors and depending on the size of the debt and the unique features of your debtor, a garnishee order (whatever its form) could be a cost effective way to show you the money!
Thank you for your continued support of my blog, and stay tuned for the next entry which will start the entertaining yet informative section of Law Stories!
If you want your money now, just remember to get the lawyer who revels in the fight to protect you, and GET WEINBERG!