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Garnishee & Receivers by way of Equitable Execution

These options should be considered only for larger debts as the costs involved are relatively high. The Court has discretion to grant costs to the Creditor which are usually recoverable in priority with the debt.

These Orders apply where a third party owes money to a Debtor. The Court Order directs the third party to pay the money to you instead of the Debtor. The difference between the two types of Orders is as follows:-

Garnishee Order - This is where the debt is already due to the Debtor but not yet paid by the third party.

Receiver by way of Equitable Execution - This is where the money will become due in the future by the third party to the Debtor.

These Orders can be very useful where you know the Debtor is selling his house or has a Court case pending which he is likely to win, or is being paid rent, for example. The Courts will not generally make an Order against a Debtor's salary.

The advantage of such Orders is that they are not made on notice to the Debtor or the third party and therefore an Order can be secured without them knowing anything about it until the Order is served. Once the Order is served, the Debtor and the third party have a right to come into Court if they have a valid objection but otherwise the Order is binding.

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