Garnishee Orders: Collecting Unpaid Maintenance in Malaysia

What is a garnishee order?

A garnishee order tells a third party to pay money to you instead of to your ex-spouse. In a divorce, it lets you collect unpaid maintenance or other court-ordered sums from their bank account or salary. The rules are in Order 49 of the Rules of Court 2012 [1].

The third party is called the “garnishee”. It is usually your ex-spouse’s bank or employer, and it must obey the order once the order is made final.

When is it worth using?

It works best when your ex-spouse can pay but will not. Common examples:

• unpaid maintenance for a spouse (Section 77) or for children (Section 93 of Act 164 [2])
• an unpaid lump sum the court ordered
• unpaid legal costs from the divorce

If your ex-spouse truly has no money, for example because they lost their job, a garnishee order will not help. You cannot collect money that is not there, so other ways to enforce may be needed.

How does the two-stage process work?

Stage 1: order nisi (temporary order). You apply to the court without telling your ex-spouse first (an ex parte application), with an affidavit (a sworn written statement). It names the court order, the amount owed and the bank or employer holding the money. If the court agrees, it tells the garnishee to hold the money and not release it.

Stage 2: order absolute (final order). The temporary order is served on the garnishee and your ex-spouse, and the court fixes a hearing. Both can object at the hearing. If there is no valid objection, the order becomes final and the garnishee pays you directly.

Who can be garnished?

• Banks. If you know where your ex-spouse banks, the bank can be ordered to hold the account up to the amount owed and pay you once the order is final.
• Employers. The employer can be told to deduct the amount from their salary and pay you. This suits ongoing maintenance.
• Others who owe your ex-spouse money, such as business partners or tenants paying rent.

What are the limits?

You must know who the garnishee is. If you do not know where your ex-spouse banks or works, you may need a discovery application first.

Some money is protected. EPF savings generally cannot be garnished. Joint accounts are harder, because the court must decide how much belongs to your ex-spouse.

The order only catches money available when it is served. If the account is low, you may recover less than you are owed.

Practical tips

• Collect what you can: bank statements, payslips, proof of where they work. If you have none, your lawyer can advise how to get it through the court.
• Act quickly. Delay gives your ex-spouse time to move money, and the first application is made without warning them.
• You can combine it with other steps. For a large debt, you might garnish a bank account and also bring contempt proceedings.

Looking to engage a divorce lawyer? If maintenance is still unpaid and you are not sure whether a garnishee order fits, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.