ABSTRACT
Garnishee is a two stage process.21 The first stage is for the judgment creditor to apply ex parte by affidavit for a garnishee order nisi. The affidavit must contain details of the judgment being enforced, and a statement that, in the deponent’s belief, the garnishee is indebted to the judgment debtor in a specified amount. If an order nisi is granted, it must be served on the garnishee at least 15 days before the return day, and on the judgment debtor at least seven days after service on the garnishee and at least seven days before the return day. Service of the order nisi has the effect of binding the garnishee to freeze the debt due to the judgment debtor up to the amount of the judgment debt. On the return day, there is an inter partes hearing between judgment creditor and garnishee – the second stage – at which the judge will decide whether to make the order nisi absolute. The garnishee will often assume a neutral role but, if he disputes his liability at the hearing,22 the judge may determine the matter summarily, or he may give directions for it to be tried. Where the judge refuses to make the order absolute, he will direct the order nisi to be discharged. Where he makes the order absolute, the effect is to require the garnishee to pay the amount of the judgment debt (the ‘garnished sum’) to the judgment creditor. Such payment operates as a valid discharge of the garnishee’s liability to the judgment debtor.
