What garnishee means
A garnishee order redirects money that somebody else owes your debtor, straight to you.
You have a judgment. The debtor has not paid. But the debtor has money in a bank account, which means the bank owes the debtor that money. A garnishee order tells the bank to pay you instead.
The bank is the garnishee. It is not the person who owes you anything, it is simply holding money belonging to the person who does.
That is what makes the procedure so effective. It does not depend on the debtor's cooperation, it does not require anybody to seize and sell property, and it reaches money without warning. It is governed by the Sheriffs and Civil Process Act and the associated rules.
How it is used
The procedure runs in two stages, and both matter.
First, the judgment creditor applies, usually without notice to the debtor, supported by an affidavit stating the judgment, the amount outstanding and the belief that the garnishee holds money belonging to the debtor. The court makes a garnishee order nisi, which attaches the funds and requires the garnishee to appear and show cause why it should not pay.
The order nisi is served on the garnishee and on the judgment debtor. From that point the bank is expected to freeze the sum.
Second, at the return date the garnishee either pays into court, admits the debt, or shows cause. Where no sufficient cause is shown, the court makes the order absolute, and the garnishee pays the judgment creditor.
In practice creditors often name several banks, because they do not know where the debtor holds an account, and each bank must then respond in respect of accounts it holds.
Key features
- Enforces a money judgment by attaching debts owed to the judgment debtor
- The garnishee is typically a bank holding the debtor's account
- Two stages: garnishee order nisi, then garnishee order absolute
- Governed by the Sheriffs and Civil Process Act and court rules
- Does not require the debtor's cooperation
- Attaching public funds requires the consent of the Attorney General
How this works in Nigeria
The single most litigated point in Nigerian garnishee practice is section 84 of the Sheriffs and Civil Process Act.
Where the money sought to be attached is in the custody or under the control of a public officer in their official capacity, or is in court, the consent of the Attorney General is required before a garnishee order can issue. That means a judgment against a government ministry, agency or state cannot simply be enforced by garnishing its account.
The requirement has produced a long line of Nigerian appellate decisions, considerable frustration among judgment creditors, and a real practical problem: a valid judgment against a public body can be very difficult to convert into money.
For private sector debtors, garnishee proceedings work well and are the enforcement route of choice. Banks generally comply with an order nisi promptly, and the practical effect on the debtor is immediate.
Judgment creditors should also be aware that funds already attached by an earlier garnishee take priority, and that an account may hold less than the judgment sum, in which case several garnishees may be needed.
Garnishee vs writ of fifa vs judgment summons
Three ways to enforce a money judgment in Nigeria, suited to different debtors.
A garnishee order reaches money held by a third party, usually a bank. It is fast, it does not need the debtor's cooperation, and it is the first choice where the debtor has an identifiable account.
A writ of fieri facias, usually called a writ of fifa, authorises the sheriff to seize and sell the debtor's movable property, and in defined circumstances immovable property, to satisfy the judgment. It is slower, more visible and more contested.
A judgment summons brings the debtor before the court to be examined about their means, and can lead to an order for payment by instalments and, in defined circumstances, committal for wilful default.
Creditors typically try garnishee first, because it converts a judgment into money faster than anything else available.
Limits and risks
The largest limitation is the Attorney General consent requirement for public funds, which makes enforcing against government bodies genuinely difficult.
You also have to find the money. A creditor who does not know where the debtor banks is guessing, and a debtor who has moved funds in advance leaves an empty account attached.
Some funds are protected or complicated. Joint accounts, trust accounts and accounts holding money that belongs to somebody else raise questions the garnishee will put before the court.
And the debtor can respond. A judgment under appeal may be stayed, and a debtor with a genuine dispute about the amount outstanding can contest at the return date.
Worth knowing
Move quickly once judgment is entered, and name several banks in the application. Debtors who expect enforcement empty accounts within days, and a garnishee order nisi served on an account that was cleared last week attaches nothing.
Questions people ask
What is a garnishee?
A third party, usually a bank, holding money belonging to a judgment debtor, which a court orders to pay that money to the judgment creditor instead. It is a method of enforcing a money judgment.
What is the difference between a garnishee order nisi and absolute?
The order nisi attaches the funds and requires the garnishee to appear and show cause why it should not pay. Where no sufficient cause is shown, the court makes the order absolute and the garnishee pays the creditor.
Can I garnishee a government account in Nigeria?
Only with the consent of the Attorney General, under section 84 of the Sheriffs and Civil Process Act, where the funds are in the custody or control of a public officer in their official capacity. This makes enforcing against public bodies difficult in practice.
How do I find out where a debtor banks?
Often you do not, which is why creditors name several banks in the application and let each respond in respect of accounts it holds. Judgment summons proceedings can also be used to examine the debtor about their means.
How long do garnishee proceedings take?
Faster than other enforcement routes. The order nisi can be obtained quickly and attaches funds immediately, with the return date set for the garnishee to show cause. Delay usually comes from contested return dates or appeals.
What if the account has less than the judgment sum?
The garnishee pays what it holds, and the balance of the judgment remains outstanding. Creditors then pursue other accounts or other enforcement routes for the remainder.