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s 31

Orders at or after a means inquiry

In force
Part 4Enforcing monetary judgments
Division 2Means inquiry

31 Orders at or after a means inquiry

(1)

At a means inquiry the court, having regard to the matters listed in section 26 that it has determined, may —

(a)

make any enforcement order that is just, whether or not the judgment creditor has applied for the order; or

(b)

make a suspension order on the application of the judgment debtor.

(2)

After a means inquiry has been held, the judgment creditor may apply for —

(a)

a time for payment order; or

(b)

an instalment order; or

(c)

an earnings appropriation order.

(3)

On receiving such an application the court must set a date for hearing the application, notify the judgment creditor of it and issue a summons to the judgment debtor requiring the debtor to appear before the court and to say why the order applied for should not be made.

(4)

On the hearing of the application, the court, having regard to the matters listed in section 26 that it has determined at the means inquiry, may make the order sought by the judgment creditor, or some other enforcement order, if —

(a)

the court is satisfied that there has not been a material change in those matters since the inquiry; or

(b)

the judgment debtor, having been summoned, does not attend.

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