Legal Glossary · Civil Procedure · Enforcement
Garnishee Order: Meaning, Explained Simply (2026)
A garnishee order is a court order that tells a third party who owes money to, or holds money of, a judgment debtor, such as a bank, to pay that money straight to the decree holder instead of to the debtor. The third party is called the garnishee. It is used in execution to recover a decree, and in India it is granted under Order 21 Rule 46A to 46I of the Code of Civil Procedure, 1908. This guide explains what a garnishee order is, how the process works, a simple Indian example, and the terms people mix up with it. This is general information, last verified October 2026, and not legal advice.
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01What a garnishee order is
A garnishee order is a tool to recover money after you have already won a case and hold a decree. Often the losing side, the judgment debtor, has no cash to hand but is owed money by someone else, or has money sitting in a bank. A garnishee order reaches that money. It directs the third party who holds or owes the money to pay the court or the decree holder, instead of paying the debtor.
The word garnishee is simply the name for that third party. A bank holding the debtor savings account is a common garnishee, because the bank owes the account balance to the debtor. The order is part of execution, which is how a decree is actually enforced, and it comes under Order 21 Rule 46A to 46I of the Code of Civil Procedure, 1908.
A garnishee order points at money the debtor is owed by someone else, and redirects that money to the person who won the case.
02The three people involved
A garnishee order always has three sides.
- Decree holder: the person who won the case and is owed money under the decree.
- Judgment debtor: the person who lost and has to pay under the decree.
- Garnishee: a third party who owes money to the judgment debtor or holds the debtor money, most often a bank.
The order works only where there is a genuine debt owed by the garnishee to the judgment debtor. If the garnishee owes the debtor nothing, there is nothing to attach.
03How the process works
The usual steps are:
- File execution. The decree holder files an execution petition to enforce the decree. See how to file an execution petition for a decree.
- Apply for a garnishee notice. The decree holder asks the court to issue notice to the garnishee, identifying the debt or the account.
- Notice to the garnishee. The court issues a notice calling on the garnishee to pay into court or to dispute the claim.
- Garnishee responds. The garnishee can admit the debt and pay, or object, for example saying nothing is owed, or that the money belongs to someone else.
- Court decides. If the garnishee admits or the court finds a debt, it makes the garnishee order absolute, and the garnishee pays. If disputed, the court decides the question.
A garnishee who pays under a valid order is protected, meaning the debtor cannot later claim the same amount again from the garnishee.
04A simple example
Suppose a court passes a decree that B must pay A ten lakh rupees, and B does not pay. A learns that B has money in a savings account with a bank. The bank owes that balance to B. A files execution and asks the court for a garnishee order against the bank.
The court issues notice to the bank as garnishee. If the bank confirms the balance and raises no valid objection, the court can order the bank to pay the amount, up to the decretal sum, to the court or to A instead of to B. The bank, once it pays under the order, is discharged to that extent.
05Limits and defences
A garnishee order is not unlimited.
- It reaches only money actually owed by the garnishee to the judgment debtor. A future or contingent amount may not be attachable in the same way.
- Certain funds are protected from attachment, and a garnishee can object that the money is held in trust or belongs to a third party.
- The order cannot exceed the amount due under the decree.
- The garnishee is entitled to raise genuine disputes and is not punished merely for contesting in good faith.
Only in execution
A garnishee order is part of enforcing a decree you already hold. It is not a way to freeze a stranger money before you have won the case. During a suit, the protective tool is attachment before judgment, which is different.
06Words people confuse with it
- Garnishee order vs attachment: a garnishee order is a specific kind of attachment in execution, aimed at a debt owed to the judgment debtor by a third party. General attachment freezes the debtor own property.
- Garnishee order vs a bank freeze in a criminal case: a garnishee order is civil execution. Freezing an account in a criminal investigation runs under different powers.
- Garnishee order vs set off: set off adjusts mutual debts between the same two parties. A garnishee order pulls in a third party who owes the debtor.
- Garnishee order vs attachment before judgment: a garnishee order comes after a decree. Attachment before judgment is a protective step during the suit itself.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Whether a garnishee order will be granted, and how courts treat objections by banks and other third parties, turns on reported execution judgments. A reader who wants to see how courts have actually used the term can search Claw across 30 crore+ judgments, from the Supreme Court since 1950 and High Courts since 1990, or ask Legal GPT in plain language, with results in under 5 seconds across 9,102 courts, benches and forums. Claw does not train on your documents. You can create a FREE Claw account to read how garnishee orders have been made absolute or refused in matters like yours. This is research support, not legal advice.
08Sources and further reading
Check the current text and the latest rulings before you rely on this:
- India Code (Code of Civil Procedure, 1908, including Order 21): indiacode.nic.in
- eCourts (execution and case status): ecourts.gov.in
- Supreme Court of India (judgments on execution): sci.gov.in
- Claw: clawlaw.in
This page is general information, last verified October 2026, and is not legal advice.
09Frequently asked questions
What is a garnishee order?
A garnishee order is a court order in execution that directs a third party who owes money to, or holds money of, a judgment debtor, such as a bank, to pay that money to the decree holder instead. The third party is the garnishee. In India it is granted under Order 21 Rule 46A to 46I CPC.
Who is the garnishee?
The garnishee is the third party who owes money to the judgment debtor or holds the debtor money. A bank is the most common garnishee because it owes the account balance to its customer. The garnishee is directed to pay the decree holder instead of the debtor.
How do I get a garnishee order?
You first file an execution petition to enforce your decree, then ask the court to issue a garnishee notice to the third party, identifying the debt or the account. The garnishee can admit and pay or object. If the court finds a debt, it makes the order absolute and the garnishee pays.
Can a bank account be attached by a garnishee order?
Yes. A bank holding the judgment debtor account balance owes that money to the debtor, so it can be a garnishee. The court can direct the bank to pay the balance, up to the decretal amount, to the court or the decree holder instead of to the debtor.
What is the difference between a garnishee order and attachment?
A garnishee order is a specific kind of attachment in execution that reaches a debt owed to the judgment debtor by a third party. General attachment freezes the debtor own property. A garnishee order also comes only after you hold a decree.
Can a garnishee object to paying?
Yes. The garnishee can dispute the claim, for example by saying nothing is owed, that the money is held in trust, or that it belongs to a third party. The court then decides the dispute. A garnishee who pays under a valid order is protected from paying the same sum again.