NSWIn ForceAct
Civil Procedure Act 2005
122COperation of garnishee order in relation to rental income
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#### 122C Operation of garnishee order in relation to rental income
122C Operation of garnishee order in relation to rental income
> > (1) Subject to section 122E and the uniform rules, a garnishee order operates to attach, to the extent of the amount outstanding under the judgment—
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> > > (a) any rent for the property to which the unpaid contribution relates that, while the order is in force, is held by a real estate agent in a trust account for the benefit of the judgment debtor, or
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> > > (b) if the judgment debt becomes the subject of an instalment order, such amounts from any such rent as are equivalent to the instalments payable under the instalment order.
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> > (2) An instalment order with respect to a judgment debt the subject of a garnishee order takes effect in relation to the amounts payable under the garnishee order as from the time the instalment order is served on the garnishee.
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> > (3) A garnishee order ceases to have effect, in relation to the rent held for the benefit of a judgment debtor, when the judgment debt is satisfied.
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> **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].
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> **ss 122B–122E:** Ins 2015 No 50, Sch 4.3 \[2\].