Debt redirection order—procedure if order not complied with
2315 Debt redirection order—procedure if order not complied with
If the enforcement creditor considers that a debt redirection order has not been complied with, the court may, on application by the enforcement creditor, hear and decide any question about the liability of the third person to pay the debt to which the order applies.
Pt 6.2 (Applications in proceedings) applies to an application under this rule.
If the court is satisfied that the third person is liable to pay the debt and has not complied with the debt redirection order, the court may make an order against the third person in favour of the enforcement creditor for the lesser of—
the amount that has not been paid to the enforcement creditor as required by the debt redirection order; and
the unpaid amount of the order debt.
The court may refuse to make an order under subrule (2) if it considers the order should not be made because of the smallness of either of the amounts mentioned in subrule (2) (a) or (b), or for any other reason.
As between the third person and the enforcement debtor, an amount paid to the enforcement creditor by the third person under an order under this rule is taken to have been paid by the third person to the enforcement debtor.
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