921Provisional garnishee order for attachment of earnings

921 Provisional garnishee order for attachment of earnings

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

(a) on each pay-day 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 holds 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 prescribed 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 the Table in Part 4 in Schedule 1 .