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A Garnishee Order is a court directive that lets creditors claim money directly from a third party who owes money to their debtor. In Hong Kong, it's commonly used to recover debts by targeting a debtor's bank account or salary, requiring the bank or employer to pay the creditor instead.

This powerful debt recovery tool follows Hong Kong's High Court and District Court rules. Once served, the third party (garnishee) must hold the specified funds and can't release them to the debtor. Banks typically freeze the account immediately, while employers must redirect part of the employee's wages as ordered by the court.

Apply for a Garnishee Order when you've won a court judgment but the debtor won't pay up, especially if you know they have money in a Hong Kong bank account or receive regular wages. This legal tool works particularly well when dealing with employed debtors or those holding substantial bank deposits.

Getting a Garnishee Order makes sense after other collection methods have failed. It's most effective when you can identify specific assets - like a salary payment or bank account - and you need to bypass an uncooperative debtor. The process requires proof of the debt and details about where the debtor's money is held.

• Absolute Garnishee Order: The final court order that compels the third party to pay the judgment debt directly to the creditor. This becomes binding after the show-cause hearing.
• Provisional Garnishee Order: The initial temporary order that freezes funds and requires the garnishee to appear in court. It prevents asset movement while the case proceeds.
• Wage Garnishment Order: Specifically targets an employee's salary, requiring employers to redirect a portion of wages to the creditor. Usually includes protection for basic living expenses.
• Bank Account Garnishee Order: Focuses on funds held in specific bank accounts, allowing immediate freezing of accessible deposits.

• Judgment Creditors: Companies or individuals who have won a court judgment and seek to collect their debt through a Garnishee Order against the debtor's assets.
• Banks or Employers: Third parties (garnishees) who hold the debtor's money and must comply with the order by redirecting funds to the creditor.
• Judgment Debtors: Individuals or businesses whose assets are targeted by the order, typically through their bank accounts or salary payments.
• Legal Representatives: Lawyers who prepare and file the applications, attend hearings, and ensure proper execution of the order.
• Court Officials: Judges and administrative staff who review applications, issue orders, and oversee the garnishment process.

• Judgment Details: Gather the court judgment reference number, date, and exact amount owed including interest calculations.
• Debtor Information: Collect full legal name, address, employment details, or bank account information where funds are held.
• Garnishee Details: Document the third party's exact legal name, registered address, and relationship to the debtor.
• Supporting Evidence: Prepare proof of the debt relationship and evidence of funds held by the garnishee.
• Court Forms: Complete Form 49 for the initial application, ensuring all details match your supporting documents.
• Draft Review: Use our platform to generate a legally compliant order that includes all mandatory elements and local court requirements.

• Court Details: Full title of the court, case number, and judgment reference details.
• Party Information: Legal names and addresses of the judgment creditor, debtor, and garnishee.
• Debt Specification: Precise amount owed, including interest calculations and payment timeline.
• Asset Description: Clear identification of the funds or assets to be garnished.
• Payment Instructions: Specific directions for how and when the garnishee must transfer funds.
• Legal Authority: Reference to relevant Hong Kong court rules and statutory provisions.
• Show Cause Notice: Statement requiring garnishee to appear and show cause against the order.
• Official Seal: Court seal and authorized signature to validate the order.

A Garnishee Order differs significantly from a Restraining Order, though both are court-issued directives. While a Garnishee Order specifically targets financial assets to collect a debt, a Restraining Order protects individuals by restricting another person's actions or movements.

• Purpose: Garnishee Orders collect monetary judgments by accessing third-party-held funds; Restraining Orders prevent harassment or harm.
• Target Impact: Garnishee Orders affect financial transactions and accounts; Restraining Orders control personal behavior and physical proximity.
• Third Party Role: Garnishee Orders require active participation from banks or employers; Restraining Orders primarily involve law enforcement for monitoring.
• Duration: Garnishee Orders typically end once the debt is satisfied; Restraining Orders often last for specified periods with possible extensions.
• Application Process: Garnishee Orders need proof of judgment debt; Restraining Orders require evidence of threat or harassment.