Enforcement of civil debt
If a judgment order has been made and the debt remains unpaid, the judgment creditor has the right to enforce payment of the debt. A judgment will only be enforced at the request of the judgment creditor.
There are a number of enforcement options available through the Magistrates' Court of Victoria.
| Application for Instalment Order - Form 61A | Use this form to apply for an order permitting a debt to be repaid by instalments. It must be supported by a Statement of Financial Affairs. (Form 61B where the judgment debtor is an individual and Form 61C where the judgment debtor is a corporation). |
| Statement of Financial Affairs - Individual - Form 61B | Individuals should use this form to make a Statement of Financial Affairs in support of an Application for Instalment Order. |
| Statement of Financial Affairs - Corporation - Form 61C | Corporations should use this form to make a Statement of Financial Affairs in support of an Application for Instalment Order. |
| Affidavit of Service - Application for Instalment Order | Affidavit to be sworn by person serving an Application for Instalment order to verify the service of that Application for Instalment Order. |
| Notice of Objection - Form 61D | Use this form to object to the granting or refusal of an application to repay a debt by instalments. |
| Summons to Attend for Oral Examination - Form 67A | Judgment creditor should use this form to summons judgment debtor to appear before the Magistrates' Court to be examined on his/her financial circumstances. |
| Examination of a Judgment Debtor (individual) - Form 67B | Form containing questions which will be put to the judgment debtor on attendance at the Magistrates' Court in response to Summons to Attend for Oral Examination. |
| Examination of Officer of Judgment Debtor (corporation) - Form 67C | Form containing questions which will be put to an officer of the judgment debtor corporation on attendance at the Magistrates' Court in response to Summons to Attend for Oral Examination. |
| Affidavit of Service - Summons to Attend for Oral Examination | Affidavit to be sworn by person serving a Summons to attend for Oral Examination to verify the service of that Summons to attend for Oral Examination. |
| Warrant to Seize Property - Form 68A | Use this form to request a warrant for the sheriff to seize property to recover money owing. |
| Garnishee Order - Form 71A | A judgment creditor should use this form to apply to the court for an order to compel the garnishee to pay those monies directly to the judgment creditor, where the where garnishee debt is less than judgment debt, interest and judgment creditor’s costs. |
| Garnishee Order - Form 71B | A judgment creditor should use this form to apply to the court for an order to compel the garnishee to pay those monies directly to the judgment creditor, where the where garnishee debt is greater than judgment debt, interest and judgment creditor’s costs. |
| Attachment of Earnings Summons - Form 72A | A judgment creditor should use this form to apply to the court for an order garnishing the judgment debtor’s wage. |
| Affidavit in Support Attachment of Earnings - Form 72B | A judgment creditor should use this form to make an affidavit in support of an application to the court (Form 72A) for an order garnishing the judgment debtor’s wage. |
| Judgment Debtors Statement of Financial Position - Form 72C | This form must be served on the judgment debtor with the Attachment of Earnings Summons and Affidavit in Support. The judgment debtor must complete the form. |
| Attachment of Earnings Order - Form 72F | A judgment creditor should use this form to apply to the court for an order compelling an employer to deduct instalments from a debtor's earnings to satisfy a debt. |