129Final order

### 129 Final order > [*\[Rule 129 Substituted by S.R. 2003, No. 17, Applied:09 Apr 2003\]*](/view/html/inforce/2003-04-09/sr-2003-017#GS13@EN) > > > (1)  If, after the expiration of 21 days after service of a provisional order on the garnishee and the judgment debtor, neither disputes the debt claimed to be due or accruing by filing a notice in the Court disputing the liability, the Court or a registrar, on proof of service in accordance with [rule 43](#GS43@EN) and without requiring any attendance, may order – > > > > > > (a) that the provisional order be made final; and > > > > > > > (b) if the garnishee has not paid to the judgment creditor the amount bound by the provisional order, that execution issue for that amount and those costs. > > > (2)  If, within 21 days after service of the provisional order on the garnishee and the judgment debtor, either files a notice disputing the garnishee's liability, the dispute is to be determined by a magistrate. > > > (3)  The registrar is to cause to be served on the garnishee, the judgment creditor and the judgment debtor notice of the hearing of the dispute. > > > (4)  For the purposes of determining the dispute, the magistrate may make any order as to how an issue of fact or question necessary for determining the liability of the garnishee is to be tried. > > > (5)  If the garnishee disputes liability on the ground that the debt sought to be attached belongs to a third person, or that a third person has a lien or charge on it, a magistrate may – > > > > > > (a) order that the third person be given notice to appear and state the nature and particulars of the claim; and > > > > > > > (b) make any other order as to how the claim of that third person is to be tried. > > > (6)  On the determination of a dispute, a magistrate may – > > > > > > (a) make a final order; or > > > > > > > (b) discharge the provisional order; or > > > > > > > (c) make any other order as is appropriate. > > > (7)  A final order is to be in accordance with the approved form.