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s 52

Third person’s obligations

In force
Part 4Enforcing monetary judgments
Division 5Appropriating debts owed to a judgment debtor

52 Third person’s obligations

(1)

If —

(a)

a third person is served with a debt appropriation order; and

(b)

the appropriated debt under the order, or any part of it —

(i)

is not or will not be or may not be due and payable until more than 7 days after the day on which the order is served; or

(ii)

will not be due and payable until a condition is fulfilled,

the third person must within 7 days after the day on which the order is served give the judgment creditor a written notice stating —

(c)

the date on which the appropriated debt, or any part of it, is or will be or may be due and payable; and

(d)

the amount of the appropriated debt if that amount is less than the judgment debt.

(2)

A third person who —

(a)

pays an amount to the judgment creditor under a debt appropriation order; or

(b)

retains an amount under section 53(1),

must give the judgment debtor a written notice containing details of the amounts.

(3)

A person who knowingly makes a statement in a notice given under subsection (1) or (2) that is false or misleading in a material particular commits an offence.

Penalty: Imprisonment for 12 months.

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