Steps to follow
Warrant of redirection of debt - Civil
- Unless the court grants leave, the application for the issue of a warrant must be made within six years of the order.
- 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.
- 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.).
- If you cannot contact the debtor, the court can issue an enforcement hearing summons to the debtor to obtain information concerning their financial position.
- 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)