Wage Garnishment in Tasmania: Attachment of Earnings Explained

How Wage Garnishment Works in Tasmania

If you've won a judgment in Tasmania's Magistrates Court and the debtor has a regular job, an attachment of earnings order is probably your strongest enforcement tool. It's ongoing — the employer deducts money from the debtor's pay every cycle until your judgment is satisfied — and you don't have to re-file each month.

Tasmania calls this a "garnishee order attaching earnings" under Division 2A of the Magistrates Court (Civil Division) Rules 1998. The concept is the same as wage garnishment in other jurisdictions, but the forms and process are Tasmania-specific.

The 20% Net Earnings Cap

Under Rules 129F and 129G, the maximum deduction is 20% of the debtor's net earnings. Net earnings means earnings due on payday less the garnishee's usual deductions for income tax instalments, medical or hospital benefits fund premiums, superannuation contributions due and payable, periodic payments due by the debtor to the garnishee, and other attachment orders according to their priority.

For a debtor earning $1,000 net per week, that's $200 per pay period directed to you. On a $5,000 judgment, the debt would be cleared in roughly 25 weeks — faster once you account for the employer deducting each payday.

How to Apply: Step by Step

1. Get Form 25E — Application and Affidavit for Provisional Garnishee Order Attaching Earnings. Download it from the Magistrates Court website or pick it up at any registry (Hobart, Launceston, Devonport, or Burnie).

2. Fill in the affidavit — You'll need the debtor's full name and address, the employer's name and business address, the judgment date, proceeding number, and the outstanding balance including interest and costs.

3. Swear or affirm the affidavit — Take it to a Justice of the Peace (free at Service Tasmania outlets, police stations, or local council offices) or a solicitor. They witness your signature.

4. File at the registry — Lodge Form 25E with the filing fee of $49. The registrar issues a Provisional Garnishee Order Attaching Earnings (Form 25F).

5. Serve the provisional order — Serve Form 25F on both the employer and the judgment debtor. Service on the employer triggers the wage deductions. The debtor gets 21 days to object.

6. Apply for the final order — If no objection is lodged within 21 days, apply for a Final Garnishee Order (Rule 129I), which confirms the ongoing deductions.

What Employers Must Do

Once served with the provisional order, the employer must make and hold the deductions under the order. The employer sends the deducted amount to you or to the court, depending on the order's terms.

If the debtor changes jobs, the order doesn't follow them automatically. You'll need to find the new employer and file a fresh application.

Hardship Reduction

Within 21 days after service, the debtor can object to the prescribed amount with a full statement of their financial position verified on oath or by statutory declaration. After a final order is made, the debtor can apply to vary it only if it causes severe and unusual hardship because of a significant change in their personal circumstances.

When Wage Garnishment Won't Work

This tool requires a known employer. If the debtor is self-employed, works cash-in-hand, or is unemployed, you can't attach earnings that don't exist on any payroll. In those cases, consider a garnishee order attaching a bank account or a warrant to sell property instead.

The complete enforcement guide covers how to identify the debtor's employer through an oral examination, plus fallback strategies when wages aren't available.

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