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57.5 Notice Of Application To Vary A Garnishee Order - Enforcement Of Court Orders Act 1940, Section 8(2)

This form is used to apply to vary (modify) a garnishee order issued under the Enforcement of Court Orders Act 1940. You would use this form when you need to change the terms of an existing garnishee order, such as the amount to be deducted or the period of enforcement.

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Form Overview

57.5 Notice Of Application To Vary A Garnishee Order - Enforcement Of Court Orders Act 1940, Section 8(2)

This form is used to apply to vary (modify) a garnishee order issued under the Enforcement of Court Orders Act 1940. You would use this form when you need to change the terms of an existing garnishee order, such as the amount to be deducted or the period of enforcement.

This form captures details about the existing garnishee order, the specific changes you're requesting, and the reasons why the variation is necessary.

Risk Radar

  • Failing to properly justify why the variation is necessary can lead to court rejection of your application.
  • Incorrectly calculating the variation amount requested
  • Failing to provide sufficient justification for the variation
  • Missing the deadline for applying to vary the order
  • Not notifying all relevant parties of the application

Plain English

A garnishee order is when a court tells someone who owes you money (like their employer or bank) to pay you directly instead. This form lets you ask the court to change that order if the original terms no longer work for you. For example, you might need to reduce the amount being taken or stop the order altogether.

Submission Date

  • There is no specific deadline mentioned in the form name, but applications should generally be submitted as soon as the need for variation arises to avoid disruption to the enforcement process.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use this form when you need to reduce the amount being deducted under a garnishee order
  • Use this form when you need to increase the amount being deducted under a garnishee order
  • Use this form when you need to extend the duration of a garnishee order
  • Use this form when you need to completely cancel a garnishee order
  • Use this form when the debtor's circumstances have changed significantly
  • Use this form when the original garnishee order contains errors that need correction

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Original application for garnishee orderForm 57.1To initiate a new garnishee orderCheck if you're applying for a new order or varying an existing one
Application to set aside a garnishee orderForm 57.2To completely cancel a garnishee orderCheck if you want to cancel the order entirely or just modify it
Application for enforcement of judgmentForm 52To enforce a court judgment in other waysCheck if garnishee order is the appropriate enforcement method
Application for installment payment orderForm 56To arrange for payment by installmentsCheck if the debtor is requesting payment arrangements

Deadline or filing window

There is no specific deadline mentioned in the form name, but applications should generally be submitted as soon as the need for variation arises to avoid disruption to the enforcement process.

Before you submit

  • Verify all details of the original garnishee order are correct
  • Ensure the requested variation is clearly specified
  • Prepare supporting documentation justifying the variation
  • Check current court fee requirements
  • Confirm the correct court location for submission
  • Ensure all parties to the original order are identified
  • Verify the form is signed and dated correctly
  • Make a copy of the completed form before submission

How to file this form

  1. 1Obtain the current version of Form 57.5 from the Courts Service of Ireland
  2. 2Complete all sections with accurate information about the original order and requested changes
  3. 3Attach any supporting documents that justify your request for variation
  4. 4Submit the completed form to the appropriate court office
  5. 5Pay any required court fees
  6. 6Keep a copy of the submitted form and any receipt for your records
  7. 7Wait for court notification of the hearing date or decision

Known limitations

  • This form only applies to garnishee orders under the Enforcement of Court Orders Act 1940
  • The court may not approve all requested variations
  • The variation process may take time, potentially delaying enforcement
  • This form does not apply to enforcement methods outside of garnishee orders
  • Complex variations may require additional legal procedures

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Current Form Status

This form is current as of the information available, but always verify the most recent version on the Courts Service of Ireland website before submission.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check if court fees have changed since the last version
  • Verify if supporting documentation requirements have been updated
  • Confirm if the form has been updated to reflect recent legislative changes
  • Check if electronic submission options have been expanded
  • Verify if processing times have changed
  • Confirm if the court's contact information has been updated

Quick Facts

The person who applied for the original garnishee order (the judgment creditor) or their legal representative should file this form when they need to vary the terms of the existing order.
This form captures details about the existing garnishee order, the specific changes you're requesting, and the reasons why the variation is necessary.
Submit this form as soon as you determine that a variation of the garnishee order is needed, but before the original order expires or becomes ineffective.
Submit this form to the appropriate court office handling your case, either in person, by post, or through the Courts Service of Ireland's online portal if available.
Submitting correctly ensures your application for variation is processed promptly, preventing delays in receiving payments or potential legal complications from an expired or inappropriate garnishee order.
Complete all sections of the form with accurate details about the original order and the requested changes. Attach any supporting documentation that justifies your request for variation. Submit the completed form to the court with the required fee, if applicable.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

57.5 Notice Of Application To Vary A Garnishee Order - Enforcement Of Court Orders Act 1940, Section 8(2)

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After you file

  • Monitor for court notification of hearing date or decision
  • Attend any required court hearing
  • Notify relevant parties (like the debtor or their employer) of the court's decision
  • Follow up with the court if you haven't received a response within the expected timeframe
  • Implement any approved changes to the garnishee order
  • Keep records of all communications and decisions related to the variation

Source and verification log

  • Form number confirmed as 57.5 from Courts Service of Ireland
  • Form relates to varying garnishee orders under Enforcement of Court Orders Act 1940
  • Form is specific to Irish court procedures
  • Not confirmed in official source: Current processing times
  • Not confirmed in official source: Specific court fee amounts
  • Not confirmed in official source: Electronic submission availability
  • Not confirmed in official source: Recent legislative changes affecting this form

Common confusion points

8 things to watch for

  • 1

    Confusing this form with the initial application for a garnishee order

  • 2

    Not understanding the difference between varying and setting aside an order

  • 3

    Uncertainty about which court has jurisdiction over the variation

  • 4

    Confusion about what constitutes valid grounds for variation

  • 5

    Misunderstanding the effect of a variation on the original order

  • 6

    Not knowing if the garnishee (third party) needs to be notified separately

  • 7

    Confusion about whether legal representation is required

  • 8

    Uncertainty about the timeline for processing variations

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