On the last occasion of our Debt Recovery 101 series, we have provided a brief explanation of the debt recovery process and various methods for the enforcement of judgment or order. Today, we will provide the insights for the Garnishee Proceeding, one of the common debt recovery proceedings available under Malaysia law.
Briefly speaking, Garnishee Proceeding can be summarised as a legal process in allowing a party who obtains a monetary judgment (“Judgment Creditor”) to enforce the court’s judgment and / or court’s order against a third party (“Garnishee”) who withholds and / or retains the monetary sum owing to the concerned party in a monetary judgment (“Judgment Debtor”) to satisfy the judgment debt.
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Hence, as observed from the explanation above, we can comprehend that you must firstly obtain a Judgment against the Judgment Debtor in order to proceed with the garnishee proceeding (“Get your judgment first”);
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Secondly, you may need to seek, identify and / or locate the third party who owes the Judgment Debtor a monetary sum (“Identify your garnishee”), be it an individual, bank entity, employer and / or other such entity fulfilling such criteria;
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Thirdly, you may apply to the Court to seek for a Show Cause Order against the identified Garnishees by informing them to pay the monetary sum owing to the Judgment Debtor directly to the Judgment Creditor (“Serve Show Cause Order to Garnishee”);
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Fourthly, upon receipt of the said Court Order, the Garnishee is required to provide their objection (with supporting evidence) or their agreement to the said Court Order on a hearing date fixed by the Court (“Garnishees to Respond”);
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Lastly, if the payment from the Garnishee is insufficient to clear the judgment debt, you may opt to proceed with other enforcement methods to recover your judgment debt, including but not limited to a writ of seizure and sale against the Judgment Debtor’s movable and / or immovable property, initiating a judgment debtor summon against the Judgment Debtor and / or other enforcement proceedings as it fits.
Last but not least, let us remind once again every legal action has its own limitation and you should seek a professional legal advice to discover the legal action appropriate to you. However, you should not procrastinate in initiating or prosecuting your action because you should bear in mind that your cause of action is subjected to a limitation period as specified under the law. Hence, let us assist you in utilising the best appropriate methods under the current legal regime to protect your rights and interests in recovering your money fairly, legally and justifiably. Kindly contact us at +6011-5657 1350 and reach us via email at lowzhigeneral@gmail.com.
Written By: Low Chee Hau, Melvin
Edited By: Yap Jian Zhi, Nicholas
Note: This article does not constitute legal advice in any case. The facts in each and every case will differ and feel free to contact us for complimentary legal advice.
LOW & ZHI ASSOCIATES 
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