129GProvisional garnishee order for attachment of earnings

129G Provisional garnishee order for attachment of earnings

[Rule 129G Inserted by S.R. 2003, No. 17, Applied:09 Apr 2003]

(1)  On the application of a judgment creditor accompanied by an affidavit in accordance with the approved form, the registrar, without requiring any attendance, may make a provisional order that –

(a) on each payday the garnishee deduct from the earnings of the judgment debtor the prescribed amount until the judgment and the costs of the garnishee proceedings have been paid or satisfied; and

(b) the garnishee hold every sum so deducted for the judgment creditor until the provisional order is made final or discharged.

(2)  An order under subrule (1) is to be in accordance with the approved form.

(3)  An order may be made under subrule (1) even though –

(a) at the time there are no earnings due or owing by the garnishee to the judgment debtor; and

(b) the amount of the earnings is uncertain or is dependent on a contingency.

(4)  The costs of the garnishee proceedings are as provided for by item 4 in the table in Part 3 of Schedule 1 .