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s 54

Third person may object to appropriation order

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

54 Third person may object to appropriation order

(1)

A third person who is served with a debt appropriation order may object to the order on one or more of these grounds —

(a)

that a person other than the judgment debtor and the judgment creditor owns or has a claim on or interest in the appropriated debt;

(b)

that the appropriated debt does not and will not exist;

(c)

that the third person has an unsatisfied monetary judgment against the judgment creditor or the judgment debtor.

(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 is served with the debt appropriation order.

(3)

The court must serve a copy of the objection on —

(a)

the judgment creditor; and

(b)

the judgment debtor; and

(c)

any other person whom the third person claims owns or has a claim on or interest in the appropriated debt.

(4)

A civil action does not lie against a third person who has made an objection under this section in respect of the disclosure of any information in the objection, if the disclosure was reasonable in the circumstances.

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