Steps to follow
Warrant for redirection of earnings - Civil
- Unless the court grants leave the application for the issue of a warrant must be made within six years of the order.
- 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.
- 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.
- The creditor serves the warrant on both the debtor and the employer.
- The warrant does not come into force until seven days after the employer is served.
- 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).
- 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.
- The creditor can file and serve an affidavit on the debtor and the debtor’s employer if the employer does not:
- 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.
- When an application for contempt is filed the court may grant judgment against the debtor’s employer in favour of the creditor.