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A Garnishee Order lets creditors collect money they're owed by taking it directly from a third party who holds funds belonging to the debtor. The most common example is when courts order an employer to deduct money from someone's wages to pay off their debt.

In England and Wales, these orders are powerful debt recovery tools that banks, businesses, and individuals can use once they've obtained a court judgment. The process requires proper notice to all parties, and the third party must follow strict rules about holding and transferring the funds. Courts can stop the order if it would cause serious hardship to the debtor.

Consider pursuing a Garnishee Order when standard debt collection methods have failed and you know your debtor has money held by a third party. This approach works particularly well when dealing with employed debtors, as you can target their regular wages through their employer.

The timing is crucial - you'll need a County Court Judgment first, and clear evidence about where the debtor's money is held. Banks, employers, and business partners make ideal garnishees because they regularly handle the debtor's funds. This method proves especially effective for recovering larger debts, as it bypasses the need for debtor cooperation.

• Regular Garnishee Orders: Target wages or salary payments from employers, requiring them to send a portion directly to creditors each pay period
• Bank Account Orders: Freeze and collect funds held in the debtor's bank accounts, often used for lump-sum recoveries
• Third-Party Debt Orders: Modern version of garnishee orders, allowing creditors to claim money owed to debtors by other businesses or individuals
• Interim Orders: Temporary freezing orders that prevent funds from being moved while the full garnishee application is processed

• Creditors: Companies, individuals, or organizations who have obtained a court judgment and seek to recover money owed to them
• Courts: Issue and enforce Garnishee Orders, ensuring proper legal process and protecting parties' rights
• Garnishees: Third parties (typically employers or banks) who hold the debtor's money and must comply with the order to redirect payments
• Debtors: Individuals or businesses who owe money under a court judgment and whose funds are subject to garnishment
• Legal Representatives: Solicitors who help creditors obtain and enforce orders, or assist debtors in challenging unfair garnishments

• Court Judgment Details: Gather the original judgment documents, including case number and amount awarded
• Debtor Information: Collect full legal name, address, and details of their income or assets
• Garnishee Details: Identify the third party holding the debtor's funds, including their registered office address
• Proof of Debt: Calculate the current amount owed, including any interest and court costs
• Payment Instructions: Specify how and where garnished funds should be transferred
• Documentation Review: Our platform helps ensure all mandatory elements are included and properly formatted for court submission

• Court Details: Full name of court, case number, and date of original judgment
• Party Information: Legal names and addresses of creditor, debtor, and garnishee
• Debt Specification: Exact amount owed, including interest calculations and costs
• Payment Terms: Clear instructions on payment amounts, frequency, and transfer method
• Legal Authority: Reference to Civil Procedure Rules Part 72 and relevant statutory powers
• Notice Requirements: Timeline for responses and objections from all parties
• Enforcement Provisions: Consequences of non-compliance and court's powers to enforce

A Garnishee Order differs significantly from a Restraining Order, though both are court-issued directives. While a Garnishee Order focuses specifically on debt collection by redirecting funds from a third party to a creditor, a Restraining Order aims to protect individuals by restricting another person's actions or movements.

• Legal Purpose: Garnishee Orders are financial enforcement tools for collecting debts, while Restraining Orders address personal safety and harassment concerns
• Duration: Garnishee Orders typically remain active until the debt is paid, whereas Restraining Orders often have specific time limits that may need renewal
• Third-Party Involvement: Garnishee Orders require participation from a third party holding funds, but Restraining Orders operate directly between the protected person and the restricted party
• Enforcement Method: Garnishee Orders work through financial institutions or employers, while Restraining Orders are enforced by police and criminal courts