Summons to default inquiry, request for
88 Summons to default inquiry, request for
If a time for payment order has been made in respect of a judgment debtor and the debtor has disobeyed the order, the judgment creditor may apply for a default inquiry to be held in respect of the judgment debtor.
If an instalment order has been made in respect of a judgment debtor and the debtor, on 2 or more occasions, has not paid an instalment in accordance with the order, the judgment creditor may apply for a default inquiry to be held in respect of the judgment debtor.
An application made under subsection (1) or (2) must —
if the judgment debtor is a natural person, contain his or her name and address; and
if the judgment debtor is a partnership, contain the name and address of one or more partners; and
if the judgment debtor is a corporation, contain the name and address of one or more officers of the corporation; and
contain the name and address of any other person who the judgment creditor thinks may be able to assist with the inquiry and who should be summoned to it; and
for each such person indicate whether a summons under section 89(1)(a) or (b) or both is required.
On receiving such an application the court must set a date for the default inquiry and notify the judgment creditor of it.
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