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Attachment of Debt

If the Debtor is owed money by a third party, the Creditor may apply to the Court for an order to compel the third party to pay those monies directly to the Creditor.

If you wish to apply for an Attachment of Debt, you must file with the court:

• Form 71A – Garnishee Order (when the garnishee debt is less than the money ordered by the court); OR
• Form 71B – Garnishee Order (when the garnishee debt is more than the money owed by the court)
• Affidavit – which must state the following:
  • That the court debt is unsatisfied (or outline the extent to which it is unsatisfied)
  • There is a debt accruing/accrued to the Debtor from the third party (Garnishee)
  • The Garnishee is within Victoria.
• Filing fee - as set out in the Costs and Fees Ready Reckoner

The Registrar will consider the application and advise the Creditor in writing, and will issue the Garnishee Order if the application has been granted.

The Order must be served personally on the Garnishee within 7 days of the making of the Order.