If a court issues a judgment or money order in your (the creditor’s) favour, the debtor must pay the amount owed.
If they can’t pay the full amount, they may agree to pay you in smaller, regular instalments.
You can apply for an order to formalise this instalment agreement.
If the debtor won’t cooperate, you can apply for the order to compel them to pay by instalments.
You must apply within six years of the money order.
How to apply for an instalment order
1. Complete the forms
2. Prepare and swear a statement
a. Complete Form 74 - Statement in Support (UCPR) (DOCX, 31.4 KB)
b. Swear the statement at least two business days before filing your application. Include details like:
- the date and amount of the money order
- any payments already made under the order
- costs incurred in earlier enforcement proceedings
- interest owed and how much is added daily
- any other details needed to calculate the total amount currently owed.
3. File the documents and pay the fee (if required)
File Form 82, Form 9, and sworn Form 74 at the court registry.
If required, pay the filing fee when you lodge the forms.
The registry will stamp the forms to confirm they’ve been filed.
4. Serve the application and supporting documents
Serve the debtor with court-stamped copies of Form 82, Form 9, and sworn Form 74.
Follow the rules for serving documents.
5. File proof of service (if required)
If the court requires proof, file an affidavit of service to show the debtor has been served with the documents.
6. Wait for the decision
Your application will be reviewed, and a decision will be made whether to approve the order.
If a hearing is needed, you may need to attend and provide more information.
What is considered
Among the things that are considered when deciding whether to issue an instalment order are:
- the debtor’s financial situation (e.g. income, expenses, and assets)
- the amount of the debt and whether it can be paid within a reasonable time by instalments
- whether the instalment plan is fair and reasonable for both parties
- any previous enforcement actions or attempts to recover the debt.
If your application is approved
If your application is approved, an order authorising payment by instalments will be issued.
Give the debtor a copy of the order, which outlines the instalment terms.
Monitor their payments to ensure they comply.
If the debtor fails to make payments, you may need to take further enforcement steps, such as applying for an enforcement warrant .
If your application is refused
If your application is refused, it may be because the instalments are unreasonable, or the debtor can’t pay. You can:
- review and adjust your application to address the court’s concerns and reapply
- consider other enforcement options, such as applying for an enforcement warrant
- seek legal advice if you’re unsure about your next steps.
How long an order lasts
The instalment order stays in force until:
- the debt is paid
- the debt is set aside
- another court order is made to vary, suspend or cancel the original order
- the debtor defaults on two consecutive payments.
Enforcement warrants
Enforcement warrants let creditors recover debts through actions like seizing property, redirecting earnings, or garnishing bank accounts.
If an instalment order is in place, you can’t issue a warrant against the debtor if they follow the instalment terms.
Read more about enforcement warrants.
