Attachment of Earnings Victoria: How to Garnish a Debtor's Wages

What an Attachment of Earnings Order Does

An Attachment of Earnings order compels the judgment debtor's employer to deduct a fixed amount from each pay cycle and send it directly to the court or to you. The debtor has no say in whether the deduction happens — once the order is in force, the employer is legally obligated to withhold.

This is the most reliable enforcement tool for debtors who are employed with regular wages or a salary. Unlike a one-off property seizure, earnings attachment provides a steady stream of repayment until the debt is cleared.

How to Apply: Forms 72A, 72B, 72C, and 72F

The application requires several forms filed together at the Magistrates' Court of Victoria:

• Form 72A — Summons for Attachment of Earnings. This is the primary application, naming the debtor and stating the judgment amount.
• Form 72B — Affidavit in Support. You swear this document setting out the details of the judgment, what the debtor owes, and the employment information you have (employer name, workplace address, approximate wages).
• Form 72C — Statement of Financial Position. This is served blank on the debtor, who must complete and return it with details of their income, expenses, and financial obligations.

Form 72A, Form 72B, and a blank Form 72C must be served on the debtor at least 14 days before the hearing. If the court makes an order, apply for Form 72F and serve it on both the debtor and the employer.

After the court determines the appropriate deduction amount, it issues:

• Form 72F — the Final Attachment of Earnings Order, served on the employer. This is the binding instruction to start withholding.

Protected Earnings Rate and Normal Deduction Rate

The court does not allow you to take the debtor's entire pay. Two rates govern the deduction:

Protected Earnings Rate (PER): The minimum amount the debtor must keep each pay period to cover essential living costs. The court sets this based on the debtor's financial position statement and standard living expense benchmarks.

Normal Deduction Rate (NDR): The amount stated in the order for the employer to withhold when earnings exceed the PER. No more than 20% of after-tax pay can be taken. For example, if the debtor earns $3,000 net per fortnight, the deduction cannot exceed $600 per fortnight.

If the debtor's earnings drop below the PER in a given pay period — because of illness, reduced hours, or leave without pay — the employer withholds nothing for that cycle. The obligation resumes when earnings recover.

The Centrelink Exemption

Attachment of Earnings is legally prohibited if the debtor's sole source of income is Centrelink or Commonwealth social security payments. JobSeeker, the Age Pension, the Disability Support Pension, Carer Payment, and other Services Australia benefits cannot be garnished through this mechanism.

This is a hard statutory bar under the Social Security (Administration) Act 1999 (Cth). It applies whether the payments go directly to the debtor or through a nominee arrangement.

If the debtor receives Centrelink as a supplement to employment income, the Attachment of Earnings order can still target the employment portion. The court adjusts the NDR to ensure the debtor retains enough for living expenses after the combination of benefit and earnings is considered.

Employer Obligations

Once served with Form 72F, the employer must:

• Deduct the NDR from each pay and remit it to the court or creditor
• Give written notice to the court and creditor if the debtor is not employed by them when served or later leaves their employment
• Continue deducting until the debt is paid in full or the court varies the order

Dismissing or injuring an employee, or altering their position to their prejudice because of an Attachment of Earnings order is an offence under the Rules. The order is a court process — it is not evidence of the employee's character.

If the debtor changes jobs, the existing order lapses. You will need to apply for a fresh order naming the new employer once you identify them — which may require another oral examination.

When Earnings Attachment Is Not the Right Tool

This tool does not work well for self-employed debtors, company directors who pay themselves dividends rather than wages, or people working cash-in-hand without formal employment records. For those situations, an Attachment of Debt targeting a bank account or a Warrant to Seize Property may be more effective.

The VCAT Order Enforcement Guide covers the full Attachment of Earnings process and includes the enforcement decision matrix for matching the debtor's financial profile to the right tool.

See more Victoria guides →