County Court Civil Procedure Rules 2018

Rule 61.02(1)(b)

[heading as in originating process]

Application to registrar for order in substitution for order for payment of judgment debt by instalments

This application is made to a Registrar by the [judgment creditor or judgment debtor] of [usual place of residence or of business or registered office] with respect to the judgment for the [judgment creditor] against the [judgment debtor] in the County Court dated [insert date] for $ and costs.

On 20 an order was made that the [judgment debtor] pay $ , the sum then owing under the judgment, by instalments as follows: [insert terms of order]. The [judgment debtor] has duly paid the instalments in accordance with the order [or has failed to pay the instalments which under the order were due on and the instalments are now in arrears in the sum of $ ].

$ is now owing under the judgment, being—

The [judgment creditor or judgment debtor] hereby applies for an order in substitution for the order made on 20 namely, for an order for the payment of $ , the sum owing under the judgment, by instalments as follows: [state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid].

The grounds on which the application is made are:

[include particulars of any material change in the circumstances of the judgment debtor since the date of the order].

The address for service of the [judgment creditor or judgment debtor] is .

The usual or last known place of residence or of business or registered office of the [judgment debtor or judgment creditor] is

Dated [insert date].

Signature of Applicant or Applicant's Solicitor

[Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of his or her financial situation which gives the information required by Form 72C.]