Garnishee Order Property and Divorce Lawyer Johor Bahru

Imagine you win a case in court against someone who owes you money, but they still refuse to pay up. That’s frustrating, right? Well, the Garnishee Order is like a superpower for getting them to cough up what they owe.

Here’s how it works: Instead of chasing after the person who owes you money, you can go straight to their bank. You ask the court to order the bank to take the money owed to you directly from the debtor’s account.

It’s like having the bank act as a middleman to make sure you get paid. And the best part? The debtor can’t do much to stop it, even if they’re a customer of that bank.

So, the Garnishee Order is a handy tool for getting your money back when someone refuses to pay what they owe you. It cuts out the hassle and gets results faster.


Garnishee Order

With a Garnishee Order, you can ask the court to order a third party, like a bank, to give you the money the debtor owes you. Even if the debtor isn’t there in court when you ask for this order (which is called “ex parte”), the court can still grant it.

So, if the debtor has money in their bank account, you can ask the court to tell the bank to give you that money instead of giving it to the debtor.

When you ask the court for a Garnishee Order to get the money from the debtor’s bank account, you need to show that there’s a good reason to believe the debtor has money in that account that they owe you.

This means you’ll have to provide evidence or reasonable grounds to the court that there’s a connection between the debtor and the money in the bank account. Once the court sees that there’s a valid connection, they can order the bank to give you the money instead of the debtor.

So, it’s not just about asking for the money; you have to prove to the court that there’s a link between the debtor and the funds in their bank account.


Garnishee Order – Order to Show Cause

When a third party or bank receives a request from a creditor to take the debtor’s money (via a Garnishee Order), they have to explain if there’s any reason they shouldn’t do it. For example, if there isn’t enough money in the debtor’s account, they need to say that.

If there’s no good reason (“special circumstances”) why they shouldn’t give the money to the creditor, the court will make the Garnishee Order absolute. This means the bank must hand over the money to the creditor, even if the debtor complains or tries to stop it.

So, “show cause” is like asking the bank to explain why they shouldn’t give the money to the creditor. If they don’t have a good reason, the court says they have to do it anyway.

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