District Courts Rules 2014

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Form 70
Affidavit in support of garnishee summons

rr 19.73(1), 19.88

In the District Court at [place]

Between [full name] (judgment creditor)

And [full name] (judgment debtor)

And [full name] (sub-debtor)

I, [name, address, occupation], swear/solemnly and sincerely affirm* that—

*Select one.
  • 1 On [date], in the District Court at [place], I, [name], the judgment creditor, obtained a judgment in this action against the judgment debtor for the sum of $[amount], including costs.

  • 2 The judgment/sum of $[amount], part of the judgment,* is still unsatisfied.

    *Select one.
  • 3 I believe that the sub-debtor is/sub-debtors are* indebted to the judgment debtor in the sum of $[amount] or thereabouts.

    *Select one.
  • 4 The debt mentioned in paragraph 3 is/is not* in respect of wages.

    *Select one.
Omit the following paragraphs if they do not apply.
  • 5 For this paragraph select the statement that applies.

  • Statement A
  • The debt mentioned in paragraph 3 comprises a sum that stands to the credit of the judgment debtor with the sub-debtor and that is on deposit with the sub-debtor, and it is a condition of the deposit that a [specify whether deposit book, receipt, etc] must be produced before any money is withdrawn.

  • Statement B
  • The debt mentioned in paragraph 3 comprises a sum that stands to the credit of the judgment debtor with the sub-debtor and that is held by the sub-debtor on a current account/deposit account/[specify other account]*, and it is a condition of the deposit/account* that a [specify whether deposit book, receipt, etc] must be produced before any money is withdrawn.

    *Select one.
  • 6 To the best of my knowledge and belief the [specify whether deposit book, receipt, etc] is in the possession of [specify full name and address in any case where the person is not a party to the proceeding].

  • 7 I do not know the present whereabouts of the [specify whether deposit book, receipt, etc].

Signature of deponent:

Sworn/Affirmed* at [place, date]

Before me: [name, signature]

(Registrar/Deputy Registrar/solicitor/Justice of the Peace*)

*Select one.