---
title: "Garnishee orders (Magistrates' Court Forms 71A and 71B)"
url: "https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-71a-71b-garnishee"
type: "precedent"
site: "AI Law Framework"
id: "a46-form-vic-mcv-71a-71b-garnishee"
area_id: "A46"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A46-A20260923-4", "A46-R20260922-4"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-71a-71b-garnishee  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Debt Recovery & Civil Enforcement](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement.md)
- Jurisdictions: Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at mcv.vic.gov.au and the 3 authorities it cites, for Victoria.

## 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](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/draft-an-examination-garnishee-or-third-party-debt-application-from-the.md)
- [Compare enforcement options after judgment](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/compare-enforcement-options-after-judgment.md)

## 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

## Authorities

- [Magistrates' Court of Victoria, Attachment of debt](https://www.mcv.vic.gov.au/civil-matters/enforcement-civil-debt/attachment-debt)
- [Magistrates' Court of Victoria, Form 71A](https://www.mcv.vic.gov.au/form-finder/garnishee-order-form-71a)
- [Magistrates' Court of Victoria, Form 71B](https://www.mcv.vic.gov.au/form-finder/garnishee-order-form-71b)

## Official form

[Official form](https://www.mcv.vic.gov.au/civil-matters/enforcement-civil-debt/attachment-debt)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-71a-71b-garnishee and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*