Debt
Garnishing your wages or bank account
There are two types of garnishee orders.
1. The court can order a single deduction from an account, for example if you have an account with a financial institution. Legal costs are added per single application.
2. A continuous deduction order can be made. An example of this is when the judgment creditor will take money from your wages/salary or bank account to pay the judgment debt.
The amount that can be taken from your salary/wage is limited to a maximum amount. The deductions cannot reduce your net weekly amount to less than the Workcover standard weekly benefit (after 26 weeks, maximum weekly payment - see Workcover Weekly Benefits Guide). An amount of $389.10 (as at 01/09/09) must be left out of your pay each week for you. The remainder will be given to the Judgment Creditor. Garnishees are continuous until the debt is paid or there is no longer any salary/wage to withdraw from. That is, they generally do not expire.
Bankruptcy: Once officially bankrupt creditors cannot garnish debtor wages. Instead the Bankrupt pays Income Contributions - 50% over a certain threshold (eg. $41,823 net as at 01/09/09) for the life of the Bankruptcy, normally 3yrs. Download Current_Amounts.pdf Income Contributions.pdf
Uniform Civil Procedure Rules 2005 made under the Civil Procedure Act 2005
- Freezing Order S25.11
- Application for Garnishee Order S39.34-43
Maximum total payment under all garnishee orders - Civil Procedure Act S122
Workers Compensation Act 1987
Weekly payment during total incapacity-after first 26 weeks - Workers Comp Act S37
Workcover Weekly Benefits Guide
Civil Forms - Garnishee - UCPR Forms70,71,72
What is the National Credit Code?
Quote: "The legislative structure of the Code is based upon a template scheme. This means that template legislation has been passed (in Queensland: Consumer Credit (Queensland) Act 1994 and the Consumer Credit Regulation (Queensland) 1995). All States and Territories have passed enabling legislation which adopts the template legislation and applies it in the State or Territory as "in force from time to time". By doing this, any amendments (changes) to the Code or Regulations only need to be made to the template legislation; they will then automatically apply in other states without amendment to those States' Enabling Acts.
Credit Ombudsman Service
Financial Ombudsman Service
Commerical Agents and Private Inquiry Agents Act 2004
Free Legal Advice - Consumer Credit Legal Centre