Court Procedures Rules 2006

An application by an enforcement debtor for an instalment order is made by filing in the court—

a sworn statement of the enforcement debtor’s financial position; and

a draft of the order sought.

Note 1 See approved form 2.54 (Instalment order) AF2006-299.

Note 2 Some applications by the enforcement debtor need leave (see r 2152).

Note 3 For the effect of the making of the application on a seizure and sale order, see r 2208 (Seizure and sale order—application for instalment order stays sale of seized property).

Part 6.2 (Applications in proceedings) does not apply to the application.

The sworn statement and draft order mentioned in subrule (1) need not be served on anyone unless the court otherwise orders on its own initiative.

Unless the court otherwise orders on its own initiative, an application for an instalment order by an enforcement debtor must be dealt with without a hearing and in the absence of the parties.

To remove any doubt, this rule does not apply to an application by an enforcement debtor for an instalment order made—

when making the money order; or

under any of the following rules:

rule 2013 (Enforcement—stay);

rule 2051 (Enforcement orders—application to set aside);

rule 2314 (Debt redirection order—amending, suspending or setting aside);

rule 2360 (Earnings redirection order—amending, suspending or setting aside).