What is a Garnishee?

2024-09-26T12:17:23+10:00November 9th, 2019||

A Garnishee is an instruction from the court to a paymaster to deduct regular instalments from the debtor’s PAYG wage and to pay these to the Court. Where the debtor is known to work on a contract basis, a Money Due Garnishee may be issued ordering the party for whom the debtor contracts to pay all money owed, (up to the amount of the debt) directly to the court.

What is a Judgment?

2024-10-01T09:26:59+10:00November 9th, 2019||

If a Claim is served and the other person doesn’t respond to the court (eg. lodge a defence), the plaintiff (the person or company owed the money) can ask the court to issue a ‘Default Judgment’. This Judgment means the court agrees the debt is owed and allows the plaintiff to take steps to collect the debt with the court’s approval.

What is a Defence?

2024-10-01T09:28:07+10:00November 9th, 2019||

A Defence is the defendant’s (also known as the debtor, the person or business who owes the money) formal notice to the court that they do not accept the claim for money. For claims under $15,000, defended matters are typically transferred to the Small Claims Division of the Magistrates Court (Civil Division), while larger claims remain in the Magistrates Court’s regular jurisdiction.

In most cases, claims proceed to judgment without a defence being filed.

Your Account Manager will advise you if a defence has been lodged and the next steps.

What is a Claim?

2024-10-01T09:28:49+10:00November 9th, 2019||

A claim is a formal document issued by the court to the Defendant (the debtor) to answer a demand taken by the Claimant (The person who is owed the money). Upon receipt of the Claim, the defendant has 21 days to lodge a defence.

How does legal action help?

2024-10-01T09:30:52+10:00November 9th, 2019||

If the debtor doesn’t cooperate or won’t agree to a reasonable payment plan, TCS might suggest taking legal action if we think it will help recover the debt. TCS will inform you about the costs involved, and when the debtor pays the debt, they also repay any recoverable costs like legal fees. However, there are many times when we advise against legal action, especially if […]
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