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

This is Form 57.5, issued by the Courts Service of Ireland. It is used when you need to change or alter an existing Garnishee Order under Section 8(2) of the Enforcement Of Court Orders Act 1940. You use this form to formally request these variations from the court.

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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 is Form 57.5, issued by the Courts Service of Ireland. It is used when you need to change or alter an existing Garnishee Order under Section 8(2) of the Enforcement Of Court Orders Act 1940. You use this form to formally request these variations from the court.

This form captures details of the original Garnishee Order and specifies the exact nature of the change you are requesting. You declare why the original order needs adjusting.

Risk Radar

  • Ensure you correctly cite the original Garnishee Order number on Form 57.5.
  • Not referencing the correct Case Number or Court File.
  • Failing to clearly state *how* the order should vary (e.g., change amount, change frequency).
  • Using outdated details about the original Garnishee Order parties.
  • Submitting without a clear reason/justification for the variation request.

Plain English

Simply put, if a court has ordered someone (the garnishee) to pay money to another person, and you need to change how that payment works, you use this form. It tells the courts exactly what the new arrangement should be regarding the debt recovery.

Submission Date

  • While no universal deadline applies, aim to file this notice as soon as the need for variation arises. Courts prefer timely applications.
  • 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

  • You need this form when an existing Garnishee Order needs changing or altering.
  • Use it when you want to adjust how money is taken from someone's wages or bank account (the garnishee).
  • This applies specifically under Section 8(2) of the Enforcement Of Court Orders Act 1940.
  • Do not use this if you are starting a new Garnishee Order; that requires a different application.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Starting a brand new Garnishee OrderApplication for Garnishee Order (likely)This form changes an existing one, the other starts it.Check the title of your existing order.
Cancelling an entire Garnishee OrderNotice/Application to Cancel (likely)If you want the whole order gone, use a cancellation notice instead of just varying it.See if 'Vary' or 'Cancel' fits your need best.
Changing who the money goes toApplication to Vary (or specific variation form)If you are only changing the recipient bank account, this might be more direct than a full variation application.Confirm if the change is minor or major.
Enforcement of other Court Orders (e.g., Judgments)Relevant Order Variation FormThe exact required form depends on what order is being enforced, but 57.5 covers Section 8(2).Check the original court document for guidance.

Deadline or filing window

While no universal deadline applies, aim to file this notice as soon as the need for variation arises. Courts prefer timely applications.

Before you submit

  • Fill in all required fields completely; leave nothing blank unless explicitly allowed.
  • Use clear, legible handwriting if printing and signing manually.
  • Attach copies of the original Garnishee Order being varied.
  • Include proof of identity for the person making the application (if required).
  • Ensure the details of the debtor/judgment debtor are 100% correct.
  • Sign and date the form where indicated.

How to file this form

  1. 1Complete all sections of Form 57.5 accurately.
  2. 2Gather supporting documentation related to the Garnishee Order.
  3. 3Submit the completed form to the relevant Court office (Courts Service).
  4. 4Pay any required court filing fee, if specified on the form or by the clerk.
  5. 5Keep a copy of the submitted form for your records.

Known limitations

  • This form only addresses variations under Section 8(2) of the specified Act.
  • It does not cover all types of Garnishee Orders; context matters.
  • The required court office for filing is not confirmed in official source (check local listings).
  • Not confirmed in official source regarding specific fee amounts.

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Current Form Status

This is Form 57.5 from the Courts Service of Ireland. It remains the standard document for formally applying to change a Garnishee Order under Section 8(2) of the Enforcement Of Court Orders Act 1940.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the current date listed on the form matches today's date.
  • Verify that the Act cited is indeed 'Enforcement Of Court Orders Act 1940'.
  • Check if any specific section references (other than 8(2)) have been added or removed.
  • Ensure the Courts Service of Ireland logo/details are current.

Quick Facts

The party applying for the variation must fill out this form. This is typically the creditor or the debtor who wishes the order modified.
This form captures details of the original Garnishee Order and specifies the exact nature of the change you are requesting. You declare why the original order needs adjusting.
You submit this form when an existing Garnishee Order is no longer suitable for the current situation. There isn't a fixed deadline unless specified by the court itself.
Submission methods usually include posting it to the relevant District or Circuit Court office, or via the Courts Service of Ireland online portal (if available).
Submitting incorrectly can cause delays in payment recovery. Errors might mean the court processes the wrong change request entirely.
First, fill in all personal and case details accurately. Next, clearly state what the original Garnishee Order is doing. Finally, detail precisely how you want that order varied or changed before signing it off.

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

  • Note the date and time you submitted the form.
  • Obtain a stamped or acknowledged copy of the filed Form 57.5.
  • Follow up with the Court office after a reasonable waiting period (e.g., two weeks).
  • Track whether the court has issued an Order Varying the Garnishee Order.

Source and verification log

  • Agency: Courts Service of Ireland (COURTS)
  • Form Number: 57.5
  • Act Referenced: Enforcement Of Court Orders Act 1940
  • Specific Section: Section 8(2) - Not confirmed in official source regarding exact wording/scope.

Common confusion points

4 things to watch for

  • 1

    Mistaking this form for one that *starts* the order, rather than changing it.

  • 2

    Not clearly stating *how* you want the order varied (e.g., change amount, change recipient).

  • 3

    Filing it in the wrong court office jurisdictionally.

  • 4

    Forgetting to attach the original Garnishee Order document.

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