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Steps to follow

Warrant of redirection of debt - Civil

  1. Unless the court grants leave, the application for the issue of a warrant must be made within six years of the order.
  2. A copy of Form 76 - Enforcement warrant for redirection of debt must be attached to a Form 9 - Application (UCPR) for filing. A copy must be provided to the debtor.
  3. A Form 74 – Statement in support (UCPR) must be sworn and filed at least two business days before the application is filed and must include:
    • the date and amount of the money order
    • the date and amount of any payment made under the order
    • the costs incurred in previous enforcement proceedings
    • any interest due on the date the statement is sworn and the daily amount accruing after that date
    • any other details necessary to:
      • calculate the amount payable under the order on the date the statement is sworn
      • show how the amount is calculated
    • sufficient details to prove that the money is being paid to the debtor by a third party
    • details of the financial position of the debtor to satisfy the registrar that the debtor can afford the deduction and won’t suffer unreasonable hardship, allowing for:
      • living expenses (including living expenses of any dependants)
      • known liabilities (hire purchase, rentals, payment of other judgments etc.).
  4. If you cannot contact the debtor, the court can issue an enforcement hearing summons to the debtor to obtain information concerning their financial position.
  5. The third party can also apply to the court. This can be done by filing a Form 9 – Application (UCPR) supported by a Form 46 – Affidavit (UCPR) and a Form 58 – Judgment or order (UCPR)

Last reviewed
21 June 2011
Last updated
28 March 2012

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