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Garnishee Order
I need a garnishee order to enforce a court judgment for debt recovery, specifying the amount to be deducted from the debtor's salary or bank account, and ensuring compliance with UAE legal procedures and limits on garnishment.
What is a Garnishee Order?
A Garnishee Order is a court directive that lets creditors collect money they're owed by targeting funds held by third parties. In the UAE, this often means freezing a debtor's bank account or instructing their employer to redirect part of their salary toward paying off the debt.
UAE courts issue these orders after a creditor wins their case and proves the debt exists. The order forces the third party (like a bank or employer) to pay the creditor directly instead of the debtor. This powerful debt recovery tool helps creditors secure payment without relying on the debtor's voluntary cooperation, especially when dealing with reluctant or evasive debtors.
When should you use a Garnishee Order?
Consider pursuing a Garnishee Order when you've won a court judgment in the UAE but the debtor refuses to pay or keeps dodging your collection attempts. This legal tool becomes especially valuable when you know the debtor has income sources or assets held by others, like regular salary payments or money in bank accounts.
The timing is crucial - apply for the order right after winning your case, while you have clear evidence of where the debtor's money is located. It's particularly effective when dealing with employed debtors or those with identifiable banking relationships in the UAE, as it bypasses the need for their cooperation by going straight to the source of their funds.
What are the different types of Garnishee Order?
- Bank Account Garnishment: Freezes funds in the debtor's bank accounts, preventing withdrawals until the debt is settled - commonly used for significant debts where banking details are known
- Salary Garnishment: Directs an employer to withhold a portion of the debtor's monthly income, usually limited to specific percentages under UAE labor laws
- Rental Income Garnishment: Targets income from property rentals by requiring tenants to pay directly to the creditor
- Commercial Receivables Garnishment: Intercepts payments due to the debtor from their business clients or customers
- Investment Account Garnishment: Captures proceeds from stocks, bonds, or other investment vehicles held by financial institutions
Who should typically use a Garnishee Order?
- Creditors: Banks, businesses, or individuals who have won court judgments and seek to collect debts through third parties
- UAE Courts: Issue and enforce the garnishee orders after reviewing evidence and validating claims
- Garnishees: Banks, employers, or other third parties who hold the debtor's assets and must comply with the order
- Debtors: Individuals or companies whose assets or income are subject to garnishment
- Legal Representatives: Lawyers who prepare applications, represent creditors, and navigate the UAE's legal requirements
- Enforcement Officers: Court officials who serve orders and ensure compliance from all parties
How do you write a Garnishee Order?
- Court Judgment Details: Gather the original judgment details, case number, and amount awarded
- Debtor Information: Collect full legal name, Emirates ID, and known sources of income or assets
- Garnishee Details: Document the third party's legal name, address, and relationship to the debtor
- Asset Evidence: Compile proof of the debtor's assets or income held by the garnishee
- Application Forms: Complete court-specific garnishment forms with precise payment instructions
- Supporting Documents: Prepare copies of the judgment, proof of failed collection attempts, and any relevant correspondence
- Legal Review: Our platform generates legally-sound garnishee orders tailored to UAE requirements
What should be included in a Garnishee Order?
- Court Details: Full name of issuing court, case number, and date of original judgment
- Creditor Information: Complete legal name, contact details, and judgment amount awarded
- Debtor Details: Full legal identification, Emirates ID, and last known address
- Garnishee Specifics: Legal entity name, address, and exact role in holding debtor's assets
- Payment Instructions: Precise amount to be garnished, payment schedule, and receiving account details
- Legal Authority: Reference to UAE Civil Procedure Code articles governing garnishment
- Compliance Statement: Declaration of garnishee's legal obligations and consequences of non-compliance
- Official Seal: Court stamp and authorized signature validating the order
What's the difference between a Garnishee Order and a Restraining Order?
A Garnishee Order differs significantly from a Restraining Order in both purpose and execution within UAE legal framework. While both are court-issued directives, they serve distinct functions in protecting different rights.
- Primary Purpose: Garnishee Orders specifically target financial assets to collect debts, while Restraining Orders protect individuals from harassment or harm
- Enforcement Mechanism: Garnishee Orders work through third parties like banks or employers to secure payment, whereas Restraining Orders directly restrict a person's actions or movements
- Duration: Garnishee Orders remain active until the debt is satisfied, while Restraining Orders typically have fixed time periods that may need renewal
- Legal Prerequisites: Garnishee Orders require a prior judgment proving the debt, but Restraining Orders can be issued based on evidence of immediate threat or danger
- Third Party Involvement: Garnishee Orders legally bind third parties to comply, while Restraining Orders primarily affect only the restricted party
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