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Steps to follow

Warrant for redirection of earnings - 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 Form 78 - Enforcement warrant for redirection of earnings (UCPR) must be attached to a Form 9 – Application (UCPR) for filing. A copy must be provided to the enforcement debtor.
  3. A Form 74 – Statement in support (UCPR), sworn and filed at least two business days before the filing of the application, must be filed and 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.
  4. The creditor serves the warrant on both the debtor and the employer.
  5. The warrant does not come into force until seven days after the employer is served.
  6. The employer must also be served with a Form 79 – Notice to employer for redirection of earnings (UCPR) and a Form 80 – Notice that debtor is not an employee (UCPR).
  7. If the debtor ceases employment after the warrant is served, the employer must complete a Form 81 – Notice of cessation of employment (UCPR) and serve copies on the registrar and the creditor.
  8. The creditor can file and serve an affidavit on the debtor and the debtor’s employer if the employer does not:
      • deduct the ordered amounts from the wages of the debtor
      • file and serve a notice on either Form 80 – Notice that debtor is not an employee (UCPR) or Form 81 – Notice of cessation of employment (UCPR)
  9. The creditor can also make an application for contempt on Form 9 – Application (UCPR), supported by a Form 46 – Affidavit in support (UCPR) and serve these on the debtor and the debtor’s employer.
  10. When an application for contempt is filed the court may grant judgment against the debtor’s employer in favour of the creditor.

Last reviewed
21 June 2011
Last updated
28 March 2012

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