2362
In forceEarnings redirection order—return of excess
Chapter 2Civil proceedings generally
Part 2.18Enforcement
Division 2.18.8Enforcement of money orders—earnings redirection orders
2362 Earnings redirection order—return of excess
(1)
If an earnings redirection order is made for an order debt and the enforcement creditor receives from the enforcement debtor’s employer more than the amount payable under the order—
(a)
the enforcement creditor must return the excess to the employer; and
(b)
the employer must pay it to the enforcement debtor.
(2)
If the enforcement creditor does not return the excess, the enforcement debtor may recover it as a debt owing to the debtor.
(3)
For subrule (2), interest is payable on the amount of the excess as if the excess were an order debt.
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