Form · Debt Recovery & Civil Enforcement
Garnishee orders (Magistrates' Court Forms 71A and 71B)
Link to Magistrates' Court Forms 71A and 71B. Form 71A is used when the garnishee debt is less than the money ordered. Form 71B is used when the garnishee debt is more than the money owed.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- Victoria
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the official form at mcv.vic.gov.au and the 3 authorities it cites, for Victoria.
- Version
- 1
- Source
- Link to the official form. Licence: © State of Victoria (Magistrates' Court of Victoria). Link only: download the current form from the official page each time; do not copy or adapt it.
Where this comes from
The official form is published by mcv.vic.gov.au; this page is a completion guide. Last checked on 2026-10-22.
When to use it
Use when a third party owes money to a Magistrates' Court judgment debtor and the creditor seeks an attachment of that debt. Choose 71A or 71B using the Court's own comparison. An affidavit in support is required and is prepared by the lawyer.
Used for these tasks
- Draft an examination, garnishee or third-party debt application from the asset notes
- Compare enforcement options after judgment
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may check the draft against the current official form and list what is missing; the lawyer settles every statement that will be filed and signs or lodges the form.
AI may
- Check the draft is the current version of the form and list every blank field or missing attachment
- Index the documents on the file that the form calls for, with date and author
- Turn the court's published filing and service steps into a checklist for this matter
AI must not
- Must not write allegations, grounds, orders or figures in words that will be filed
- Must not decide jurisdiction, standing or whether a time limit has been met
- Must not sign, lodge or serve the form
- Must not draft, outline or settle an affidavit, witness statement or other sworn text
The lawyer checks
- Form 71A is used when the garnishee debt is less than the money ordered by the court
- Form 71B is used when the garnishee debt is more than the money owed by the court, which is the comparison the page states
- An affidavit in support is filed with the garnishee order
- A copy of the order is served on the garnishee within seven days of the order being made
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: © State of Victoria (Magistrates' Court of Victoria). Link only: download the current form from the official page each time; do not copy or adapt it..
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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