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SA Garnishee Court Order Taken from Bank Account - What to Do?

Discussion in 'Debt and Bankruptcy Law Forum' started by Pleaseadvise, 24 November 2015.

  1. Pleaseadvise

    Pleaseadvise Member

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    Hi, all.

    I went to the ATM today and discovered that a little over $800 was missing from my bank account, leaving me with $7. I phoned my bank and was told it is due to an NSW small claims garnishee court order.

    I am in Adelaide SA.

    I have no idea what this matter is about. I have not received any notification from the court, from lawyers, nothing.

    Currently, my only income is from Centrelink. About half of the $800 was from my most recent fortnightly payment, received only a couple of days ago. The rest was transferred from a friend to pay for the components of a computer system I'm building for them.

    I now have no money for rent, bills or food and obviously cannot afford to reimburse my friend either. I have no idea what to do nor where to start.

    I would sincerely appreciate any information regarding the law and my rights, and some help on what to do.


    Thanks
     
  2. Tim W

    Tim W Lawyer

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    First thing you do is ring the court and ask for a copy of the order
     
  3. Pleaseadvise

    Pleaseadvise Member

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    Thanks for the prompt reply Tim.

    I've read that Centrelink payments can't, or at least aren't meant to be garnished. Is this correct? If so, what options do I have considering the funds have already been taken? Assuming the debt is actually owed.

    The help is much appreciated.
     
  4. Tim W

    Tim W Lawyer

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    You won't get any more money out of Centrelink.
    Make sure your bank knows your situation. Go into a branch and speak to a real person.

    Before that, get a copy of the order, so that you know what it is you are dealing with.
    For example - is the amount now paid in full? You don't know, yet.
     
  5. Pleaseadvise

    Pleaseadvise Member

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    I spoke to the bank straight away. They just told me that they're obliged to release the funds due to the court order.

    Does the court have the legal right to take the funds from my account with Centrelink being my only income?

    If it doesn't, do I have any recourse to recover said funds? If so, how would this happen?

    Again, your help is sincerely appreciated.
     
  6. Tim W

    Tim W Lawyer

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    Don't speak to lowlies in overseas call centres.
    Go into a branch.

    But before you do ANYthing, get a copy of the order.
     

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