Judgment creditor or debtor may apply for variation or cancellation of instalment order
8 Judgment creditor or debtor may apply for variation or cancellation of instalment order
A judgment creditor or judgment debtor may apply to the court for the variation or cancellation of an instalment order.
An application under subsection (1) may be made by a judgment creditor on either or both of the following grounds only:
That there has been a substantial increase in the property or means of the judgment debtor; or
That any information given in support of the application for the instalment order or in the instalment agreement under section 7 (as the case may be) was inaccurate.
An applicant under subsection (1) shall serve a copy of the application on the judgment creditor or judgment debtor (as the case may be).
An application by a judgment creditor shall be supported by an affidavit as to the ground or grounds of the application.
The court may—
if it is satisfied as to the truth of the grounds of an application under subsection (1), vary or cancel the instalment order; or
confirm the instalment order and dismiss the application.
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