Bank Account Garnishee Order in Tasmania: How to Freeze a Debtor's Account

What a Debt Garnishee Does

When you know where a judgment debtor banks, a garnishee order attaching a debt forces the bank to freeze funds in the debtor's account — up to the amount of your judgment — and pay them to you or the court. It's governed by Division 2 of the Magistrates Court (Civil Division) Rules 1998 (Rules 125–129E) and it's one of the fastest ways to recover money after winning a case.

The key word is "debt" — the bank owes money to the debtor (the account balance is technically a debt owed by the bank to the depositor). The order intercepts that obligation and redirects it to you.

The Critical Limitation: Single Capture Only

This is where most creditors get caught out. A debt garnishee is a snapshot — it captures only the balance in the account on the exact day the bank is served with the provisional order. It does not attach to future deposits.

If the debtor has $800 in their account on the day of service and you're owed $3,000, you get $800. To capture more, you'd need to file a fresh application and serve a new provisional order — paying another $49 filing fee each time.

This makes timing important. If you know the debtor receives a regular payment (rent from a tenant, a business payment) on a particular day, serving the order right after that deposit lands maximises your recovery.

How to Apply

Form 25A is the Application and Affidavit for Provisional Garnishee Order Attaching Debt. You'll need:

• The bank's name and branch address
• The account details requested in Form 25A to identify the debt held by the bank
• Your judgment details: proceeding number, date, original amount, costs, interest, and the current outstanding balance

Swear or affirm the affidavit before a JP or solicitor, then file it at the registry with the $49 filing fee. The registrar issues a Provisional Garnishee Order (Form 25B).

Serve the provisional order on both the bank and the debtor as soon as possible. Service binds the debt held by the bank. The debtor has 21 days to object. If no objection is lodged, you apply for a Final Garnishee Order, which directs the bank to release the frozen funds to you.

Protected Funds

Not everything in a bank account can be garnished. Sections 60 and 62 of the federal Social Security (Administration) Act 1999 (Cth) protect social security payments and the statutory “saved amount” in an account, calculated from qualifying payments credited during the previous four weeks less withdrawals during that period. Family Tax Benefit payments have separate protection under sections 66 and 67 of the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth), including a saved amount calculated over the same four-week period. If a provisional order reaches protected funds, the debtor can apply to have it set aside. Joint accounts generally can't be attached unless all account holders are co-judgment debtors.

When to Use This Tool

A bank account garnishee works best when:

• You know where the debtor banks (from an oral examination, a cheque they paid you, or their business records)
• The account is likely to hold a meaningful balance on the day you serve
• The debtor isn't solely reliant on Centrelink payments

If you need ongoing recovery rather than a one-time capture, a wage garnishment order is usually more effective — it deducts up to 20% of net pay every cycle until the debt is cleared.

The full enforcement guide covers both garnishee types with form-by-form instructions, including how to handle objections and when to re-file for a second capture.

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