Civil Judgments Enforcement Act 2004

A judgment debtor who applies for a suspension order on the grounds that the debtor is unable to pay the judgment debt may apply for a means inquiry to be held in respect of the judgment debtor.

Such an application may be made whether or not previously a means inquiry has been held or an enforcement order has been made.

Such an application must be served on the judgment creditor.

A judgment creditor who is served with such an application may request the court to issue a summons to a person who the judgment creditor thinks should be summoned to the inquiry to give or produce evidence.

Such a request must —

contain the name and address of each person to be summoned; and

for each such person indicate whether a summons under section 29(1)(a) or (b) or both is required.

On receiving an application made under subsection (1) the court must set a date for the means inquiry and notify —

the judgment debtor and judgment creditor of the date; and

notify the judgment debtor of the duties in section 30(3).