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.