District Courts Rules 2014

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FormĀ 72
Notice to judgment debtor of issue of garnishee summons

r 19.73(2)

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

To [name] (judgment debtor)

This document notifies you that a garnishee summons, a copy of which is attached to this notice, has been issued out of this court, and that if you have any cause to show why the court should not order the sub-debtor to pay the judgment creditor the debt alleged to be due from the sub-debtor to you, or so much of the debt as may be sufficient to satisfy the sum due to the judgment creditor from you, with the costs entered on the garnishee summons, you must attend at this court at the time and place fixed for the hearing of the garnishee summons and show such cause accordingly.

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.

Notes

You are entitled to appear at the hearing of the garnishee summons to give evidence as to your circumstances. If it appears to the court that the whole or part of the money sought to be attached is reasonably required by you for the maintenance and support of you and your family, the court may refuse to make an order attaching the debt and may make such order as to the disposal of any money paid into the court as it thinks fit.

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.