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Attachment of Debt (aka Garnishee Order)

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Attachment of Debt Order (also known as Garnishee Order)

This Order gives the EJO the power to 'freeze' a debtor's bank account. It is served personally on the bank (garnishee) and is conditional which gives the garnishee an opportunity to appear before the EJO to give reasons why the money should not or cannot be paid. Please note these Orders are the least used of all enforcement methods.

The EJO has power to determine any dispute and if in doubt to refer the matter to the High Court.

When can I apply for an Attachment of Debt Order?

An Attachment of Debt Order will only be issued on receipt of a Full Enforcement Application, after investigation into the debtor's bank accounts and dependent on whether the debtor has sufficient funds over and above normal living expenses.

What happens once the order is served?

The EJO will serve the Order on the garnishee with details such as the amount due and owing to the creditor, details that payment must be addressed to the EJO and if for any reason, show cause why an Order should not be made for payment by him to the creditor for that amount.

Payments made or recovered from the garnishee under an Attachment of Debts Order shall be valid discharge to the garnishee as against the debtor in respect of the amount so paid or recovered.

Payments made to the EJO will be retained for 28 days and then forwarded to the creditor directly.