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Warrant for payment by instalments

Supreme and District Courts - civil

This type of warrant is generally sought by an enforcement debtor to allow them to pay the enforcement creditor over a period of time and in regular amounts.

An application and supporting statement describing the financial position of the debtor are filed and a draft warrant is lodged with the court registry.

The court will consider additional factors, including:

whether the debtor is employed
the debtor’s means of paying the money
whether the debt will be paid within a reasonable time
the debtor’s living expenses and liabilities
the appropriateness of this method compared to others
whether there will be unreasonable hardship for the debtor.

The warrant remains in force until:

the debt is paid
the debt is set aside
an order is made
the debtor defaults on two consecutive payments.

Once in place, no other warrant can be issued against the enforcement debtor.

The following legislation may assist you

Uniform Procedure Rules 1999, r. 868—873.

Last updated Monday, 17 December 2007 13:06