Flowchart from default judgment to enforcement liquidated claim PDF

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Summary

Flowchart from default judgment to enforcement liquidated claim. Identifies all the relevant steps to determine the process...

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Default judgment to enforcement: Liquidated claim No payment or acknowledgment of claim received

Application for default judgment

Prepare and file: Form 38 Notice of Motion - Default Judgment for Liquidated Claim Affidavit (part of Form 38), and Form 41 Affidavit of service

· · ·

UCPR r 16.3

Court enters judgment for: · amount claimed, and · interest to date of judgment and costs UCPR rr 16.6(1) and 36.11

Judgment debtor makes an application to pay judgment debt by instalments

Judgment debtor does nothing ·

Form 46 Notice of Motion to pay by instalments - individual, or

·

Form 47 Notice of Motion to pay by instalments - corporation

Examination of judgment debtor

Judgment debtor pays judgment debt in full

CPA s 107, UCPR Pt 37

Judgment creditor files: · Form 51 Examination Notice (Individual) or Form 52 (Corporation) ·

Form 53 Notice of motion – examination order, and

·

Affidavit in support (part of Form 53)

Judgment creditor applies for enforcement of judgment

UCPR r 16.3

CPA s 106, UCPR Pt 39

Statutory demand

Garnishee order

Writ of execution

Charging order

Judgment creditor files:

Judgment creditor files:

UCPR Pt 39 Div 1

Judgment creditor files:

·

Form 509H Creditor’s statutory demand for payment of debt, and/or

·

Form 7 Affidavit accompanying statutory demand (if no judgment).

Corporations Act 2001 (Cth) ss 459E and 459F

·

Form 69 Notice of motion garnishee order

·

Affidavit in support (part of Form 69)

·

Form 70 Garnishee order for debts, or

·

Form 71 Garnishee order for wages or salary.

Writ for levy of property

·

Form 73 Notice of motion – charging order,

·

Form 74 Charging order. CPA ss 126 – 128, UCPR rr 39.44, 39.45

Judgment creditor files: ·

·

Form 65 Notice of motion – writ for the levy of property, Form 66 Writ for levy of property.

CPA ss 117-125, UCPR Pt 39 Div 4

CPA ss 109-116, UCPR rr 39.1-39.20

Seizure and sale of goods CPA ss 109-111, UCPR rr 39.29-39.33

Seizure and sale of land CPA ss 112-114, UCPR rr 39.21-29.28 Note: this is different to a writ for possession of land.

CL T3 Flowchart from default judgment to enforcement liquidated claim NSW 2017_03_21 © The College of Law Limited

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