STOP GARNISHED WAGES
What is a Garnishee ?
A garnishee order is a common form of enforcing a judgment debt against a creditor to recover money.
Put simply, the court directs third party to pay the money to them. For example, your employer, your bank or another person who owes you money, can be ordered to pay your wage, your savings, or the money owed to you, directly to the other party to pay off the judgment debt. The third party is called a 'garnishee'
Garnishee
An automatic deduction arranged without a person's consent (generally from their income or bank account) due to non-payment of a debt.
Garnishee order for wages or salary
When your employer gets a garnishee order, they have to leave you with a minimum amount of money to live on, known as the 'weekly compensation amount'. The current weekly compensation amount is $512.10 (as at 1 April 2019). The weekly compensation amount is changed in April and October each year.
Can a garnishee order be stopped?
Unfortunately a garnishee order can only be stopped by bringing an application to court to have the order stopped, or, if the judgment creditor informs the employer or garnishee that he no longer needs to deduct money from your salary.
" However bankruptcy normally stops your wages being garnished for a debt "
Can bankruptcy stop the garnishee order?
Normally, bankruptcy stops your wages being garnished for a debt, if you include it in your bankruptcy.
An exception is if the Australian Taxation Office (ATO) issues a garnishee order against you before your bankruptcy starts. This allows the ATO to garnish your wages during bankruptcy to offset any debt to them.
Note: This only applies if the ATO has a statutory garnishee notice (under s260-5 of Schedule 1 of the Taxation Administration Act 1953).
Declaring bankruptcy can free you from debt, cancel your garnishee order and let you get on with your life. Stress Free Once Again.
A garnishee order is a common form of enforcing a judgment debt against a creditor to recover money.
Put simply, the court directs third party to pay the money to them. For example, your employer, your bank or another person who owes you money, can be ordered to pay your wage, your savings, or the money owed to you, directly to the other party to pay off the judgment debt. The third party is called a 'garnishee'
Garnishee
An automatic deduction arranged without a person's consent (generally from their income or bank account) due to non-payment of a debt.
Garnishee order for wages or salary
When your employer gets a garnishee order, they have to leave you with a minimum amount of money to live on, known as the 'weekly compensation amount'. The current weekly compensation amount is $512.10 (as at 1 April 2019). The weekly compensation amount is changed in April and October each year.
Can a garnishee order be stopped?
Unfortunately a garnishee order can only be stopped by bringing an application to court to have the order stopped, or, if the judgment creditor informs the employer or garnishee that he no longer needs to deduct money from your salary.
" However bankruptcy normally stops your wages being garnished for a debt "
Can bankruptcy stop the garnishee order?
Normally, bankruptcy stops your wages being garnished for a debt, if you include it in your bankruptcy.
An exception is if the Australian Taxation Office (ATO) issues a garnishee order against you before your bankruptcy starts. This allows the ATO to garnish your wages during bankruptcy to offset any debt to them.
Note: This only applies if the ATO has a statutory garnishee notice (under s260-5 of Schedule 1 of the Taxation Administration Act 1953).
Declaring bankruptcy can free you from debt, cancel your garnishee order and let you get on with your life. Stress Free Once Again.
