Question

Two garnishee orders are received simultaneously. The bank should:

• A. Ignore both
• B. Recover pro-rata
• C. Follow first received
• D. Seek court direction

Answer 1

Answer:

B. Recover pro-rata

When two garnishee orders are received simultaneously, neither order has priority over the other because both are received at the same time. Therefore, the bank must distribute the available balance proportionately (pro-rata) between the two judgment creditors. ❌ Ignore both – Not permissible ❌ Follow first received – Applies only when orders are received at different times ❌ Seek court direction – Not required when the rule of pro-rata applies ✅ Recover pro-rata – Correct procedure