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A Garnishee Order is a court directive that lets creditors recover money directly from a third party who holds funds belonging to their debtor. In India, these orders commonly target bank accounts, salaries, or other payments due to the debtor - making them a powerful debt recovery tool under the Civil Procedure Code.

When the court issues this order, it legally requires the third party (the garnishee) to pay the creditor instead of the debtor. For example, if you win a court case against someone, you can get a Garnishee Order directing their employer to send part of their salary to you until the debt is cleared. Banks must comply with these orders, making them especially effective for debt recovery.

Use a Garnishee Order when you've won a court judgment but the debtor isn't paying up voluntarily. This legal tool works especially well if you know where the debtor's money is - like their employer, bank account, or someone who owes them payments. It's particularly effective for recovering debts from individuals or businesses who have stable income sources.

The timing matters - file for a Garnishee Order right after getting your court decree. This prevents debtors from moving or hiding their assets. It's most useful when dealing with debtors who have the means to pay but refuse to do so, or when other recovery methods have failed. Many Indian creditors use these orders to secure payment from government departments or large corporations.

• Wage Garnishment Orders: Target an employee's salary directly through their employer, requiring regular deductions until the debt is cleared
• Bank Account Garnishment: Freezes and recovers funds from the debtor's bank accounts, often used for lump-sum recoveries
• Rent Garnishment: Intercepts rental income from tenants when the debtor is a landlord
• Government Dues Garnishment: Specifically designed for attaching payments due from government departments to debtors
• Business Income Garnishment: Targets regular payments due to the debtor from their business clients or customers

• Judgment Creditors: Individuals or businesses who have won court cases and seek to recover money through the garnishment process
• Courts: Issue and enforce Garnishee Orders, ensuring legal compliance and proper execution
• Garnishees: Third parties like employers, banks, or tenants who hold the debtor's funds and must redirect payments as ordered
• Judgment Debtors: Individuals or organizations whose funds are targeted by the order, often after failing to pay court-decreed amounts
• Legal Representatives: Lawyers who draft, file, and manage the garnishment proceedings on behalf of creditors

• Court Judgment Details: Gather the original court decree, case number, and judgment amount to be recovered
• Debtor Information: Collect complete details about the debtor's income sources, bank accounts, and assets
• Garnishee Details: Document the exact legal name and address of the third party holding the debtor's funds
• Payment Schedule: Determine the proposed garnishment amount and frequency of payments
• Supporting Documents: Prepare proof of debt, previous recovery attempts, and relevant correspondence
• Court Format: Use our platform's templates to ensure compliance with local court requirements and garnishment limits

• Court Information: Full details of the issuing court, case number, and date of original judgment
• Party Details: Complete legal names and addresses of the creditor, debtor, and garnishee
• Debt Specifics: Exact amount owed, including interest calculations and payment terms
• Garnishment Instructions: Clear directions on payment amounts, frequency, and method of transfer
• Legal Authority: Reference to relevant sections of Civil Procedure Code authorizing the garnishment
• Compliance Statement: Declaration of garnishee's obligations and consequences of non-compliance
• Judicial Signature: Official court seal and signature of the presiding judicial officer

A Garnishee Order differs significantly from a Cease and Desist Order in both purpose and application. While both are court-issued directives, they serve distinct legal functions in India's judicial system.

• Primary Purpose: Garnishee Orders recover money by intercepting funds from third parties, while Cease and Desist Orders stop specific actions or behaviors
• Enforcement Mechanism: Garnishee Orders work through financial institutions or employers to collect debts, whereas Cease and Desist Orders rely on direct compliance from the target party
• Duration of Effect: Garnishee Orders remain active until the debt is fully recovered, but Cease and Desist Orders typically have immediate, permanent effect
• Legal Proceedings: Garnishee Orders require a pre-existing judgment, while Cease and Desist Orders can be issued as standalone directives or preliminary measures