District Courts Rules 2014

  • not the latest version

Form 71
Garnishee summons to sub-debtor

r 19.73(2)

Complete and insert the heading as set out in form 70.

To the sub-debtor
  • 1 On [date], the judgment creditor obtained judgment/an order* in the District Court at [place] against the judgment debtor for payment of the sum of $[amount], including costs, and that judgment/order* remains unsatisfied as to the sum of $[amount].

    *Select one.
  • 2 The judgment creditor has filed an affidavit stating that you are indebted to the judgment debtor in the sum of $[amount].

  • 3 You are summoned to attend at the District Court at [place, date, time] to show cause why an order should not be made against you for the payment to the judgment creditor of the amount of the debts owing or accruing from you to the judgment debtor or so much of those debts as will satisfy the debt due under the judgment/order*, and the costs entered on this summons.

    *Select one.
  • 4 From and after the service of this summons on you, so much of the debts owing or accruing from you to the judgment debtor as will satisfy the debt due under the judgment/order* and the costs entered on this summons is attached to answer the judgment/order*.

    *Select one.
  • 5 If at any time before the date of hearing of this summons you pay to the Registrar of this court the amount of those debts, or the amount of those debts that will satisfy the debt due under the judgment/order* and the costs entered on this summons, you will incur no further costs.

    *Select one.
  • 6 If the debt alleged to be due from you to the judgment debtor comprises a sum that stands to the credit of the judgment debtor with you and that is on deposit with you or is held by you in a current or other account (including a deposit account) and it is a condition of the deposit or account that a deposit book, receipt, or other like document must be produced before any money is withdrawn, you should, as soon as practicable and at least 3 working days before the date of hearing, file in the court registry and serve on the judgment creditor and the judgment debtor a statement—

    • (a) showing the sum held to the credit of the judgment debtor:

    • (b) giving particulars of the deposit book or other document required to be produced before that sum or any part of it is withdrawn:

    • (c) showing (where possible) who is in possession of that deposit book or other document.

    Note: Forms will be provided at any registry of the court.

  • 7 If you dispute the debt alleged to be due from you to the judgment debtor, you should, within 5 working days after you are served with this summons including the day of service, file in the court registry and serve on the judgment creditor and the judgment debtor a notice that you dispute the debt claimed.

    Note: Forms will be provided at any registry of the court. The filing of a notice that you dispute the debt claimed does not relieve you from attendance at the court on the day named in the summons.

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.
Debts due under judgment or order

Complete the following table.

Particulars Amount ($)
Amount remaining due under judgment/order*  
Subsequent costs  
Costs of summons  
Solicitor's costs  
Total amount for which summons issued  
*Select one.

Notes

  • 1Failure to act in accordance with the directions contained in this summons may add to the costs.

  • 2If this summons was issued for hearing in a registry of the court other than the registry in which the judgment debtor might have commenced a proceeding against you to recover the debt due by you to him or her, you are entitled to apply to the registry of the court where this summons was issued either for the proceeding to be transferred to the registry in which the judgment debtor might have taken a proceeding against you or for the proceeding to be referred to the Registrar of that registry for inquiry and report.

This summons is issued at the instance of the judgment creditor, whose address for service is [address].

Advice

If you are in doubt, consult a solicitor or the staff of the District Court immediately.

Registry hours

The registry of the court is open to the public from 9 am to 5 pm Mondays to Fridays inclusive.

A printed form of statement of service or affidavit of service, as set out in form 9, is to be endorsed on this form.