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s 43

Earnings appropriation order, effect of obeying

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

43 Earnings appropriation order, effect of obeying

(1)

Any amount —

(a)

paid by the third person to the judgment creditor under an earnings appropriation order; or

(b)

retained by a third person under section 39; or

(c)

recovered from a third person under section 42,

discharges the third person from the obligation to pay the amount to the judgment debtor and is not recoverable from the third person by the judgment debtor.

(2)

Subsection (1) applies even if, after the amount is paid or recovered —

(a)

enforcement of the monetary judgment that gave rise to the earnings appropriation order is suspended; or

(b)

the monetary judgment is set aside or reversed.

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