Warrant for redirection from financial institutions
This warrant is served on a bank, building society, credit union or other financial institution.
It orders a fourth party (e.g. an employer) to regularly deposit earnings into a specified account, and the financial institution to deduct money from the account and pay it to you (the enforcement creditor).
This money would generally be an annuity, commission, wages or salary, and be deposited regularly.
If social security or pension benefits are paid into the account, the warrant must be endorsed with:
To the Manager
If Social Security benefits are paid into this account, please ensure that the saved amount, as stated in the Social Security Act, is protected from this Enforcement Warrant for Regular Redirection.
No other enforcement action can be taken against the debtor (unless a court orders otherwise) while this warrant is in force.
Unless the court grants leave, you must apply for the issue of the warrant within six years of the order.
Applying for the warrant
- File Form 77 - Enforcement warrant (regular redirection) (DOC, 39KB) with Form 9 - Application (UCPR) (DOC, 48KB). Provide a copy to the enforcement debtor.
- Also swear and file Form 74 - Statement in support (UCPR) (DOC, 32KB) at least two business days before filing the application, which should 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, and show how the amount is calculated
- enough details to prove that the money is being paid into the account by a fourth party (e.g. an employer)
- enough information about the debtor’s financial position to satisfy the registrar that the debtor can afford the deduction and won’t suffer unreasonable hardship, allowing for living expenses (including dependents) and known liabilities.
Setting aside the warrant
The creditor or debtor can apply to the court for the warrant to be set aside, suspended or varied. Apply by filing Form 9 - Application (UCPR) (DOC, 48KB) with Form 46 - Affidavit (UCPR) (DOC, 41KB).