New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 119

119 Operation of garnishee order in relation to income

(cf Act No 9 1973, section 97)

(1) Subject to sections 121 and 122 and the uniform rules, a garnishee order operates to attach, to the extent of the amount outstanding under the judgment--

(a) any wage or salary that, while the order is in force, is payable to the judgment debtor by the garnishee, or

(b) if the judgment debt becomes the subject of an instalment order, such amounts from the wage or salary payable to the judgment debtor by the garnishee as are equivalent to the instalments payable under the instalment order.

(2) An instalment order with respect to a judgment debt the subject of a garnishee order takes effect in relation to the amounts payable under the garnishee order as from the time the instalment order is served on the garnishee.

(3) A garnishee order ceases to have effect, in relation to the wage or salary payable to a judgment debtor, when the judgment debt is satisfied.

(4) An order under this section addressed to the Crown as garnishee binds the Crown.