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SHOULD I INSTITUTE WITH GARNISHEE PROCEEDINGS AGAINST MY JUDGMENT DEBTOR ?

Where you obtained information that a third party is owing the judgment debtor a certain amount of monies and the monies is due and payable at a certain date and such information is reliable and accurate, it may be worth while to institute Garnishee Proceedings.

However, you should be aware of other issue.

Let's take the following for example :

A judgment debtor is owing a judgment creditor for the amount of RM$6,000.00.

The judgment creditor obtained reliable source of information to believe that the judgment debtor has a total of RM$4,000.00 in his savings account with XXX Bank and immediately proceed to obtain the Garnishee Order.

A week after the application is filed, the judgment creditor withdrawn a total of RM$3,990 from his saving account leaving a balance of RM$10.00.

The judgment creditor obtained the Garnishee Order after 2 months and served the said order on the garnishee only being able to recover RM$10.00.

The amount recovered from the proceedings is not even sufficient to cover the costs of the Garnishee Proceedings.

Thus the judgment creditor ended up paying more in legal costs while recovering only RM10.00.

It also make sense not to inform the judgment debtor of your intention to institute Garnishee Proceedings against him or her before an order is obtained.



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