Author: By Lawyers For Lawyers
The conduct of a Magistrates Court proceeding followed sequentially from settling it early to going to court.
1. File cover sheet - Enforcement
2. Instruction sheet - Debt collection
3. Initial letter to client with costs agreement explaining process
4. Costs agreement - Civil litigation
1. Letter to court enclosing summons for oral examination for issuing
2. Summons to attend for oral examination – 3 copies
3. Letter to process server enclosing summons for oral examination for service
4. Affidavit or declaration of service
5. Examination of a judgment debtor (not a corporation) Examination of an officer of a judgment debtor which is a corporation
6. Letter to court filing summons for oral examination documents
If required
Letter to court extending hearing date for summons for oral examination
1. Letter instructing process server
2. Affidavit or declaration of service
3. Application (Judgment Debt Recovery Act 1984)
4. Statement of affairs by an individual (Judgement Debt Recovery Act 1984) Statement of affairs by an officer of a corporation (Judgment Debt Recovery Act 1984)
5. Letter to court with documents for filing – 3 copies of each form
6. Instalment agreement
Notice of objection (Judgment Debt Recovery Act 1984)
Application (Judgment Debt Recovery Act 1984)
Letter to defendant chasing instalments
Letter to defendant confirming receipt of payment
Letter to defendant thanking for final payment received
Warrant of apprehension (Judgment Debt Recovery Act 1984)
Warrant of commitment (Judgment Debt Recovery Act 1984)
Summons for examination (Judgment Debt Recovery Act 1984)
1. Letter to court enclosing attachment of earnings summons for issuing
2. Attachment of earnings summons – 3 copies
3. Affidavit in support of application for attachment of earnings order
Judgment debtor's statement of financial position
Order that judgment debtor attend for examination
Order that person indebted or employer of judgment debtor give statement
4. Letter instructing process server
5. Letter to defendant serving attachment of earnings documents
6. Affidavit or declaration of service
7. Letter to court enclosing attachment of earnings orders for issuing
8. Attachment of earnings order – 3 copies
9. Letter instructing process server
10. Letter to defendant serving attachment of earnings order
11. Affidavit or declaration of service
12. Letter instructing process server to serve third party – service on employer
13. Affidavit or declaration of service (party served not a party)
1. Letter to court with documents for filing
2. Garnishee order (where garnishee debt is < judgment debt, interest and judgment creditor's costs) Garnishee order (where garnishee debt is > judgment debt, interest and judgment creditor's costs)
3. Affidavit in support of enforcement
5. Affidavit or declaration of service
1. Letter to court enclosing warrant for issuing
2. Warrant to seize property – 2 copies
3. If for payment of money – Affidavit in support of enforcement
4. Notice to person responsible for safe-keeping of property seized under a warrant to seize property
5. Letter to sheriff enclosing warrant for execution (not against land)
Letter to sheriff requesting redirection of warrant
Letter to court with documents for filing - application for order and enclosing fee
Application (Judgment Debt Recovery Act 1984) - for order in aid of enforcement
1. Letter to court with documents for filing - application for warrant of delivery and filing fee
2. Warrant of delivery (delivery of goods only) Warrant of delivery (delivery of goods or assessed value)
4. Letter to sheriff enclosing warrant for execution
Application (Judgment Debt Recovery Act 1984) - for leave to issue a warrant
2. Application by way of Summons to enforce foreign judgment
4. Letter instructing process server for service of notice of registration of foreign judgment
1. Letter to client finalising the matter and enclosing account
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