Warrant of redirection of debt
You can apply for this warrant when a third party, such as a financial institution, holds money on behalf of the debtor. The money can then be paid to you.
These are one-off payments, including:
- commission owed
- the proceeds of a sale
- money owed on a contract.
You may also use this warrant to recover money held in a financial institution, e.g. a savings account.
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 76 - Enforcement warrant (redirection of debt) 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
- 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 dependants) and known liabilities.
If you can’t contact the debtor, the court can issue an enforcement hearing summons to the debtor to obtain information about their financial position.
The third party can also apply to the court by filing the following forms: