TASIn ForceRegulation
Magistrates Court (Civil Division) Rules 1998
125Interpretation and application of Division 2
Start here
Get a plain-English read of 125
Turn the raw legal text into a practical explanation grounded in Magistrates Court (Civil Division) Rules 1998.
### 125 Interpretation and application of Division 2
> [*\[Rule 125 Substituted by S.R. 2003, No. 17, Applied:09 Apr 2003\]*](/view/html/inforce/2003-04-09/sr-2003-017#GS13@EN)
>
> > (1) In this Division – [*\[Rule 125 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013\]*](/view/html/inforce/2013-09-04/sr-2013-069#GS67@EN)
> >
> > > ***garnishee*** means a person from whom a judgment creditor claims that a debt is due or accruing to the judgment debtor on the day an application for a provisional garnishee order is made;
> >
> > > ***judgment*** includes an order;
> >
> > > ***judgment creditor*** means a person entitled to enforce a judgment for the payment of money other than a judgment for the payment of money into Court;
> >
> > > ***judgment debtor*** means a person required by a judgment to pay money other than into Court.
>
> > (2) This Division does not apply to debts that are earnings within the meaning of [Division 2A](#HP8@HD2A@EN) .
>
> > (3) Subject to [subrule (4)](#GS125@Gs4@EN) , this Division applies to and binds the Crown.
>
> > (4) If a debt owing or accruing to the judgment debtor by or from the Crown is recoverable from an officer, servant or agent of the Crown, the garnishee proceedings are to be taken against the officer, servant or agent.