Garnishee proceedings & charging orders

If someone owes the debtor money, garnishee proceedings allow you to ask the court to have it paid to you instead. If the debtor wants to sell property, a charging order prevents them from selling it until the debt has been paid.

These applications are managed in a different way than other civil enforcement applications.

Garnishee proceedings to collect money owed to the debtor

If someone owes the debtor money, you can apply to the court for that money to be paid to you instead of the debtor.

Before making this application, you should:

  • talk to a lawyer, who can give you advice about your case and what options might work best for you
  • talk to district court staff, who can help you file this application.

You can apply for this action and pay the applicable fee at your nearest district court.

Fees for garnishee proceedings

Find a district court near you

Putting a charging order on the debtor’s property

If the debtor owns property, you can apply to stop them from selling that property until the debt is paid. To transfer ownership, the debtor must pay the amount to remove the charging order. This is useful if you know that the debtor wants to sell the property.

Before making this application, you should:

  • talk to a lawyer, who can give you advice about your case and what options might work best for you
  • talk to district court staff, who can help you file this application.

You can apply for this action and pay the applicable fee at your nearest district court.

Fees for charging orders

Find a district court near you

Learn more about charging orders

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