Order for payment by instalments
This is an order—not a warrant. You would usually seek an order for payment by instalments when you want the enforcement debtor to pay you in regular amounts over a period of time.
Unless the court grants leave, you must apply for the order within six years of the date of the judgment debt.
Applying for the order
- File Form 82 - Order authorising payment by instalments with Form 9 - Application (UCPR) . Provide a copy to the enforcement debtor.
- Also swear and file Form 74 - Statement in support (UCPR) 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.
What the court considers
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 time frame
The order 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 enforcement warrant can be issued against the enforcement debtor.