TASIn ForceRegulation
Magistrates Court (Civil Division) Rules 1998
129GProvisional garnishee order for attachment of earnings
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### 129G Provisional garnishee order for attachment of earnings
> [*\[Rule 129G Inserted by S.R. 2003, No. 17, Applied:09 Apr 2003\]*](/view/html/inforce/2003-04-09/sr-2003-017#GS13@EN)
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> > (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 –
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> > > > (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
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> > > > (b) the garnishee hold every sum so deducted for the judgment creditor until the provisional order is made final or discharged.
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> > (2) An order under subrule (1) is to be in accordance with the approved form.
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> > (3) An order may be made under subrule (1) even though –
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> > > > (a) at the time there are no earnings due or owing by the garnishee to the judgment debtor; and
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> > > > (b) the amount of the earnings is uncertain or is dependent on a contingency.
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> > (4) The costs of the garnishee proceedings are as provided for by [item 4](#JS1@HS3@JT@tr4@te1@tp@EN) in the [table](#JS1@HS3@JT@EN) in [Part 3](#JS1@HS3@EN) of [Schedule 1](#JS1@EN) .