At a glance

Quick answer: Don’t panic or move funds secretly. Confirm the case details and get legal help immediately.

Key rights: You must be notified and given a chance to respond before funds are paid out.

Deadline: Act within seven days of learning about the order.

Who to call: Your lawyer or the law firm that obtained the judgment, to confirm the claim.

Step-by-step

1. Confirm it’s a real court order. Ask your bank for a copy of the Garnishee Order Nisi. Check the court seal and suit number. Fake orders exist.
2. Understand the stage. There are two stages: Order Nisi (temporary freeze) and Order Absolute (final). Challenge it before it becomes absolute.
3. Notify your lawyer immediately. Send the court papers and statements of your bank account to your lawyer.
4. File the right motion. If you were not served or the judgment is wrong, your lawyer can apply to set the order aside or seek a stay of execution.
5. Attend the hearing. Either you or your lawyer must appear. Absence risks the order being made absolute by default.

Evidence & documents

• Copy of the Garnishee Order Nisi and court notices.
• Proof of bank account ownership (statements, account opening docs).
• Any judgment or settlement agreement related to the claim.
• Proof you were not served, if that applies (sworn affidavit, contact logs).
• Correspondence with the creditor or bank.

Common mistakes to avoid

• Ignoring the freeze notice and waiting too long.
• Moving funds secretly to another account, this may be contempt of court.
• Relying only on bank staff explanations without reviewing the actual court papers.

Costs & penalties

Filing motions and affidavits attracts court filing fees (often between ₦5,000 and ₦20,000). Non-compliance with court orders can lead to contempt proceedings. A garnishee order can also affect credit and business operations.

When to call a lawyer

• Immediately after your account is frozen.
• If you were not served with the original judgment.
• If the amount claimed is inaccurate or unrelated to you.

FAQs

What if the money belongs to a company, not me?

Your lawyer can present ownership documents to show the account is not your personal asset. The court may lift the order on that account.

Can I appeal a garnishee order?

Yes. You generally have 14 days from the date an order becomes absolute to file a Notice of Appeal. Ask your lawyer about timelines for your court.

Can the bank charge me for complying?

Banks may deduct a statutory compliance fee. It is usually small and follows CBN guidelines. Check your bank’s schedule of charges.

Contacts & next steps

If you need legal help, contact 1st Attorneys for tailored guidance and urgent filings.