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s 42

Earnings appropriation order, failure to obey

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

42 Earnings appropriation order, failure to obey

(1)

If a third person who is served with an earnings appropriation order —

(a)

does not obey the order; or

(b)

does not object to the order under section 40; or

(c)

objects to the order under section 40 but does not appear at the hearing of the objection,

the judgment creditor may apply to the court for an enforcement order for the purposes of recovering from the third person —

(d)

the amount that was not paid in accordance with the earnings appropriation order; and

(e)

the costs of obtaining and carrying out the enforcement order.

(2)

The court may make such an order.

(3)

For the purposes of subsection (2) this Part applies as if the third person were a judgment debtor and the money to be recovered from the third person were a judgment debt.

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