GARNISHEE ORDER. Where a creditor has obtained judgment against a debtor for the payment of a debt, he may obtain from the Court an order attaching all money owing to the debtor from a third person, called the Garnishee. The rule is, " service of an order that debts, due or accruing to a debtor, under a judgment or order, shall be attached. or notice thereof to the garnishee, in such manner as the Court or judge shall direct, shall bind such debts in his hands." Where a banker has funds belonging to the judgment debtor he may be served with a garnishee order, which order warns the banker not to part with any of the money belonging to that customer. A garnishee order binds the whole of the balance stand ing to the credit of the customer's account, at the time the order is served, even if that balance is more than sufficient to satisfy the garnishee order, and until the order is with drawn no further cheques can be paid upon the account, not even cheques which were issued before the order was served on the banker. The banker should advise his customer of the service of a garnishee order. which is paid to credit after receipt of a garnishee order is not attached by the order and is at the disposal of the customer. To prevent any complication between the funds in hand when the order is served, and money received subsequently, it is better that the latter should be placed in a separate account.
Payment into Court by the banker of the amount of the judgment, or to the extent of the balance in his hands, will satisfy the garnishee order.
In the case of a joint account, it has been held that a garnishee order against one of the parties does not attach the balance on such joint account.
As stated above, a garnishee order at taches a debt which is due or which is accruing due. An ordinary deposit receipt repayable on demand is therefore attachable by a garnishee order. A receipt repayable at a certain fixed date, and a receipt repay able after certain notice has been given, in the event of the notice having been given before the garnishee order was served, are attachable by the order, because in each case it is a debt which is accruing due.
The following is a form of garnishee order Garnishee Order (attaching Debt).
Upon hearing 11r.
as Solicitor for the above-named Judgment Creditor, and upon reading the affidavit of the said filed the day of , 19 .
It is ordered that all debts owing or accru due from the above-named Garnishee to the above-named Judgment Debtor be attached to answer a judgment recovered against the said Judgment Debtor by the above-named Judgment Creditor in the High Court of Justice, on the day of 19 for the sum of L , debt and costs on which Judgment the said sum of remains due and unpaid.
And it is further ordered that the said Garnishee attend the District Registrar in chambers, at the County Court offices on day, the day of 19 at o'clock in the noon, on an application by the said Judgment Creditor that the said Garnishee pay the debt due from to the said Judgment Debtor or so much thereof as may be sufficient to satisfy the Judgment.
Dated this day of 19 .