Debt redirection order—third person disputes liability
2311 Debt redirection order—third person disputes liability
This rule applies if—
a debt redirection order is served on the third person; and
the third person disputes liability to pay any debt to the enforcement debtor.
The third person may file a notice of objection in the court.
The notice must be filed not later than 7 days after the day the order is served on the third person.
The notice must be accompanied by an affidavit in support stating the facts relied on by the third person.
The disclosure of any information in the affidavit does not subject the third person to any liability if the disclosure was reasonable in the circumstances.
The filing of the notice stays any obligation of the third person to pay the debt to the enforcement debtor or enforcement creditor but does not stay any accrual of interest on the debt.
The third person must serve a stamped copy of the notice and supporting affidavit on the enforcement creditor and enforcement debtor.
The enforcement debtor or enforcement creditor may file in the court an affidavit in response to the notice of objection.
The court may—
decide the question of liability without a hearing and in the absence of the parties; or
on its own initiative, give directions for the question to be decided.
To remove any doubt, part 6.2 (Applications in proceedings) does not apply to a notice of objection, or response to a notice of objection, under this rule.
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