Warrant of redirection of earnings
This warrant (sometimes referred to as a garnishee order) authorises a third party (usually the employer) to redirect part of an enforcement debtor’s earnings to you, the creditor.
Unless the court grants leave, you must apply for the issue of the warrant within six years of the order.
What the court considers
The court will issue this warrant after considering whether the:
- debtor is employed, and the employer’s identity and address
- debtor earns enough to pay the warrant on top of living expenses and other liabilities
- amount to be redirected imposes unreasonable hardship.
Give the registrar a transcript of the enforcement hearing and a statement of the debtor’s financial position to help them decide.
If an enforcement hearing hasn’t been held, the registrar may order a hearing or have the employer supply a signed statement detailing the debtor’s earnings.
No other enforcement warrant may be issued in relation to the relevant judgment or money order while this warrant is in force.
Applying for the warrant
- File Form 78 - Enforcement warrant (redirection of earnings) 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
Who to serve
You must serve the warrant on the debtor and the employer. The warrant doesn’t come into force until seven days after the employer is served.
You must also serve the employer with Form 79 - Notice to employer for redirection of earnings (UCPR) and Form 80 - Notice that debtor is not an employee (UCPR) .
If the debtor ceases employment after the warrant is served, the employer must complete Form 81 - Notice of cessation of employment (UCPR) , and serve copies on you and the registrar.
If the employer doesn’t comply
If the employer doesn’t:
- deduct the ordered amounts from the debtor’s wages
- file and serve a notice on Form 80 or Form 81.
You can make an application for contempt on Form 9 - Application (UCPR) with Form 046 - Affidavit (UCPR) , and serve these on the debtor and debtor’s employer.
If you file an application for contempt, the court may grant judgment against the debtor’s employer in your favour.