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A Garnishee Order is a powerful court directive that helps creditors collect unpaid debts in Malaysia. When someone owes you money but won't pay, this order lets you claim it directly from a third party who holds their funds - typically their bank or employer.

Under Malaysian civil procedure rules, once you get this order, the third party must pay you the specified amount from the debtor's assets they control. For example, a bank must transfer money from the debtor's account, or an employer must redirect part of the debtor's salary to you. The order remains active until the debt is fully settled.

A Garnishee Order becomes essential when you've won a court judgment, but the debtor refuses to pay or keeps dodging your collection attempts. It's particularly useful when you know the debtor has regular income or assets held by others - like a salary from their employer or money in their bank account.

Timing matters with these orders in Malaysian courts. Apply for one after confirming the third party (like a bank or employer) holds the debtor's funds. The process works best when you can identify specific accounts or income sources. Remember, you'll need a valid court judgment first, and the debt must be a fixed sum rather than an estimated amount.

• Garnishee Order Nisi: A provisional order requiring the third party to show why they shouldn't pay the judgment creditor
• Garnishee Order Absolute: The final order that compels payment, issued after the show-cause hearing
• Garnishee Order for Salary: Specifically targets regular employment income, often with protected minimums
• Garnishee Order for Bank Accounts: Freezes and directs payment from specific bank accounts
• Garnishee Order for Multiple Parties: Covers situations where debt collection involves several third-party holders

• Judgment Creditors: Companies or individuals who have won a court case and seek to collect their awarded sum
• Malaysian Courts: Issue and enforce the orders, especially the High Court which handles most garnishee proceedings
• Garnishees: Banks, employers, or other third parties who hold the debtor's assets and must comply with the order
• Judgment Debtors: Individuals or businesses whose assets are targeted by the order
• Legal Representatives: Lawyers who prepare applications, attend hearings, and manage the garnishee process

• Court Judgment Details: Gather the complete judgment order, case number, and exact amount awarded
• Debtor Information: Compile full legal name, address, and identification details of the judgment debtor
• Asset Verification: Confirm the specific bank accounts or income sources you're targeting
• Garnishee Details: Document the third party's complete business information and relationship to debtor
• Supporting Evidence: Collect proof of debt, previous payment attempts, and garnishee's possession of funds
• Document Generation: Use our platform to create a legally-compliant order that includes all required elements

• Court Details: Full court name, case number, and judgment reference details
• Party Information: Legal names and addresses of creditor, debtor, and garnishee
• Debt Specifics: Exact amount owed, including interest and costs if applicable
• Payment Instructions: Clear directions for fund transfer and payment timeline
• Legal Authority: Reference to relevant Malaysian Rules of Court provisions
• Prohibition Notice: Clear statement preventing garnishee from disposing of funds
• Return Date: Specific court date for the garnishee to show cause
• Judicial Signature: Court seal and registrar's signature for validity

A Garnishee Order differs significantly from a Restraining Order, though both are court-issued directives. While a Garnishee Order specifically targets financial assets held by third parties to satisfy a debt, a Restraining Order focuses on protecting individuals by restricting another person's actions or movements.

• Purpose and Scope: Garnishee Orders deal exclusively with debt collection through third parties, while Restraining Orders prevent harmful contact or behavior
• Application Process: Garnishee Orders require a pre-existing court judgment, while Restraining Orders can be obtained without prior judgments in emergency situations
• Duration: Garnishee Orders typically end once the debt is paid, while Restraining Orders often have fixed terms that can be extended
• Enforcement Method: Garnishee Orders work through financial institutions or employers, while Restraining Orders are enforced by law enforcement agencies