129IFinal garnishee order

### 129I Final garnishee order > [*\[Rule 129I Inserted by S.R. 2003, No. 17, Applied:09 Apr 2003\]*](/view/html/inforce/2003-04-09/sr-2003-017#GS13@EN) > > > (1)  On the expiration of 21 days after service of the provisional order on the garnishee and judgment debtor and on proof of service, the registrar, without requiring any attendance, may order that a provisional order be made final if – > > > > > > (a) neither the garnishee nor the judgment debtor by filing a notice in the Court disputes that there are earnings payable by the garnishee to the judgment debtor; and > > > > > > > (b) the judgment debtor does not file a notice of objection claiming a reduction in the prescribed amount and accompanied by a full statement of the financial position of the judgment debtor verified on oath or by statutory declaration. > > > (2)  A registrar may order execution to issue in default of the garnishee paying to the judgment creditor the amounts deducted in accordance with the provisional order or the amounts deducted in accordance with the final order. > > > (3)  If, within 21 days after service of the provisional order on the garnishee and the judgment debtor, either files a notice disputing that earnings are payable to the judgment debtor, the dispute is to be determined by a magistrate. > > > (4)  If, within 21 days after service of the provisional order on the judgment debtor, the judgment debtor files a notice and statement in accordance with [subrule (1)(b)](#GS129I@Gs1@Hpb@EN) , the matter is to be determined by a magistrate. > > > (4A)  [*\[Rule 129I Subrule (4A) inserted by S.R. 2013, No. 69, Applied:04 Sep 2013\]*](/view/html/inforce/2013-09-04/sr-2013-069#GS71@EN) A judgment debtor may, at any time after a final order is made, apply to the Court for a variation of the final order on the grounds that the final order is causing severe and unusual hardship due to a significant change in the personal circumstances of the judgment debtor. > > > (5)  [Rule 129(3)](#GS129@Gs3@EN) and [(4)](#GS129@Gs4@EN) applies to any determination under [subrule (3)](#GS129I@Gs3@EN) or [(4)](#GS129I@Gs4@EN) . > > > (6)  On the determination of a matter under [subrule (3)](#GS129I@Gs3@EN) or [(4)](#GS129I@Gs4@EN) , a magistrate may – > > > > > > (a) make the order final; or > > > > > > > (b) vary the prescribed amount and make the order final subject to the variation. > > > (7)  A final order is to be in accordance with the approved form.