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A Garnishee Order is a court directive that lets creditors collect money owed to them directly from a third party who holds funds belonging to their debtor. In Nigeria, it's commonly used to recover debts by targeting the debtor's salary, bank accounts, or other income sources.

When granted by Nigerian courts under Order III of the Judgement Enforcement Rules, this order effectively freezes specific assets and redirects payment to the creditor. Banks often receive these orders to transfer funds from their customers' accounts to judgment creditors, making it a powerful tool for debt recovery in the Nigerian legal system.

Consider pursuing a Garnishee Order when standard debt collection methods have failed and you know your debtor has accessible funds with a third party. This legal tool proves especially valuable when dealing with debtors who have regular income through Nigerian banks or employers but refuse to settle their court-ordered debts.

The process works best when you can identify specific assets or income streams to target - like salary accounts, investment returns, or rental payments. Nigerian courts typically grant these orders if you have a clear judgment debt and can prove the third party (like a bank or employer) holds funds belonging to your debtor.

• Garnishee Order Nisi: A temporary order requiring the garnishee (usually a bank) to show cause why they shouldn't pay the judgment creditor
• Garnishee Order Absolute: The final order directing the garnishee to pay the specified amount to the judgment creditor
• Salary Garnishee Order: Specifically targets the debtor's employment income, requiring employers to deduct payments directly from wages
• Multiple Account Garnishee Order: Covers several accounts held by the debtor across different banks or institutions

• Judgment Creditors: Individuals or companies who have won court cases and seek to recover debts through the garnishee process
• Nigerian Courts: Issue and enforce the garnishee orders, particularly through the High Courts or Federal High Courts
• Garnishees: Banks, employers, or other third parties holding the debtor's funds who must comply with the court order
• Judgment Debtors: Individuals or organizations whose funds are targeted by the order for debt recovery
• Legal Practitioners: Lawyers who prepare applications, represent parties, and navigate the garnishee proceedings

• Judgment Details: Obtain the complete court judgment, including case number, date, and amount awarded
• Debtor Information: Gather accurate details about the debtor's assets, bank accounts, or employment
• Garnishee Details: Confirm the third party's correct legal name and address where funds are held
• Supporting Documents: Collect proof of debt, previous enforcement attempts, and relevant correspondence
• Court Requirements: Check local High Court rules for specific formatting and filing requirements
• Application Format: Use our platform to generate a legally compliant garnishee order application that meets Nigerian court standards

• Court Details: Full title of court, case number, and presiding judge's name
• Party Information: Complete legal names and addresses of judgment creditor, debtor, and garnishee
• Debt Specifics: Exact amount owed, including interest and costs as per judgment
• Payment Instructions: Clear directives on how and when funds should be transferred
• Legal Authority: Reference to relevant sections of the Sheriffs and Civil Process Act
• Time Limits: Specific deadlines for compliance and show cause hearing dates
• Judicial Signature: Official court seal and judge's signature for validity

A Garnishee Order differs significantly from a Restraining Order in both purpose and application within Nigeria's legal system. While both are court-issued directives, they serve distinct functions in protecting different legal rights.

• Purpose: Garnishee Orders specifically target financial assets to recover debts, while Restraining Orders protect individuals from harassment or harm
• Implementation: Garnishee Orders involve three parties (creditor, debtor, and garnishee), whereas Restraining Orders typically involve just two parties (protected person and restrained person)
• Duration: Garnishee Orders remain active until the debt is satisfied, while Restraining Orders often have specific time limits that may need renewal
• Enforcement Mechanism: Garnishee Orders work through financial institutions or employers, while Restraining Orders are primarily enforced by law enforcement agencies