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Instalment Order

This is an order for payment by instalments under the Judgment Debt Recovery Act 1984.

Application for instalment order (Form 61A) may be made by either party: -

Creditor’s application

• Creditor must serve on the debtor:
  • A copy of the instalment order application
  • Form 61B or 61C (whichever is appropriate)
• Creditor must then file with the Court:
  • Application for instalment order
  • Filing fee as set out in the Costs and Fees Ready Reckoner
  • Affidavit of service

Debtor’s Application

• Debtor must complete, and serve on the Creditor:
  • Instalment order application
  • Form 61B or 61C, Statement of Affairs (whichever is appropriate)
• Debtor must file with the Court:
  • Completed Instalment order application and Form 61B/61C
  • Affidavit of service (upon the Creditor)

Once the Instalment Order application is filed with the Court, the Registrar will consider the application and advise the parties of the outcome in writing.

If either party has an objection to the Registrar’s decision, they may file a Notice of Objection (Form 61D) within 14 days. The matter will be referred to a Magistrate in open court for review.