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s 40

Third person may object to appropriation order

In force
Part 4Enforcing monetary judgments
Division 4Appropriating a judgment debtor’s earnings

40 Third person may object to appropriation order

(1)

A third person who is served with an earnings appropriation order may object to the order on the grounds that the third person —

(a)

is not a person who is liable to pay earnings to the judgment debtor; or

(b)

ceased to be such a person on a date after the order was served.

(2)

The objection must —

(a)

be in writing; and

(b)

state the grounds on which it is made and the facts that support the grounds; and

(c)

be lodged at the court within 7 days after the day on which the third person —

(i)

is served with the earnings appropriation order if the objection is made under subsection (1)(a); or

(ii)

ceases to be a person who is liable to pay earnings to the judgment debtor if the objection is made under subsection (1)(b).

(3)

The court must serve a copy of the objection on the judgment creditor and judgment debtor.

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