Meaning
Provisional judicial decrees direct a third party to freeze assets belonging to a judgment debtor before a final attachment occurs. The garnishee order nisi prevents a defendant from moving funds out of a bank account while the court verifies the debt. This instrument creates a temporary lien on the specified property.
Provisional Authority
Courts issue this order on an ex parte basis to ensure the element of surprise remains intact. Once the bank receives a garnishee order nisi, it must immediately withhold the amount specified from the debtor’s balance. The bank faces liability if it allows the funds to be withdrawn after service.
Statutory Sequence
A hearing follows the provisional freeze to allow the garnishee and the debtor to show cause why the order should not become final. During this stage, the garnishee order nisi remains active but does not transfer ownership of the money. Evidence of a prior claim or a joint account can halt the process.
Conversion Logic
Failure to show sufficient cause results in the court making the order absolute. This final step forces the bank to pay the frozen funds directly to the creditor to satisfy the debt. Liquidated assets are moved only after the garnishee order nisi is converted into a final judgment.
