Instructions for filling out a Notice of Motion Garnishee Order (Form 69)




Yüklə 30.14 Kb.
tarix13.04.2016
ölçüsü30.14 Kb.

Instructions for filling out a Notice of Motion - Garnishee Order (Form 69)

These are instructions. It is important to complete this form with your own details and based on your own circumstances. If you need more help get legal advice.



Form 69 (version 3)

UCPR 39.34



NOTICE OF MOTION

GARNISHEE ORDER

COURT DETAILS

Court

Local Court

#Division

Small Claims Division

#List

Delete or leave blank

Registry

Court where Statement of Claim filed

Case number

Case number given when Statement of Claim filed

TITLE OF PROCEEDINGS

[First] plaintiff

Name of plaintiff as on Statement of Claim

#Second plaintiff #Number of plaintiffs (if more than two)

Delete or leave blank if only one plaintiff

[First] defendant

Name of defendant as on Statement of Claim

#Second defendant #Number of defendants (if more than two)

Delete or leave blank if only one defendant

JUDGMENT DETAILS

Date of judgment to be enforced

Contact the court to find out the date of judgment if you don't know this

FILING DETAILS

Person seeking orders

Your name, Plaintiff (judgment creditor)

#Filed in relation to

Delete or leave blank

#Legal representative

Delete or leave blank

#Legal representative reference

Delete or leave blank

Contact name and telephone

Your name and telephone number

PERSON AFFECTED BY ORDERS SOUGHT

[judgment debtor's name] [role of the judgment debtor e.g. defendant or cross defendant] (judgment debtor)

[name of employer, bank or other garnishee (person/company who holds money that belongs to the judgment debtor)] (proposed garnishee)



HEARING DETAILS

This motion is to be dealt with in the absence of the parties.

[on separate page]



ORDERS SOUGHT

  1. A garnishee order against [name of proposed garnishee] for [#wages/salary #debts - delete "wages/salary" if garnishee is for bank account or other debt, delete "debts" if garnishee is for wages/salary] in the amount of $[this is the judgment amount plus interest from date of judgment to date of signing this affidavit. You should also include service fees. If the judgment debtor has made any payments, you should take these off the total owed (complete affidavit and insert total here)].

SIGNATURE

#Signature of legal representative Delete or leave blank

#Signature of or on behalf of party Your signature

if not legally represented

Capacity [eg solicitor, authorised officer, role of party] Plaintiff

Date of signature Date notice of motion - garnishee order signed

DETAILS ABOUT PROPOSED GARNISHEE

Proposed garnishee

Name

Name of employer, bank or other garnishee

Address

Address of employer if wages/salary or


Address of branch officer or bank or other
garnishee if for debt

#[unit/level number] #[building name]

[street number] [street name] [street type]

[suburb/city] [state/territory] [postcode]

#[country (if not Australia)]



[on separate page]

AFFIDAVIT

Name

Your name

Address

Your address

Occupation

Your occupation

Date

Date that affidavit signed

I [#say on oath #affirm]: Delete the word 'oath' or 'affirm', whichever does not apply. For more information on affidavits, oaths and affirmations, see Affidavits.


  1. #I am the judgment creditor. [Delete if judgment creditor is a company or association]

#I am [Delete if you are individual judgment creditor. If judgment creditor is a company give details of your role in the company e.g. 'I am the Director/Executive Officer/Public Officer of the judgment creditor'].

  1. [Name of judgment debtor] is a person liable to pay the judgment.

  2. The amount payable under the judgment (including any prior enforcement costs but excluding interest after judgment under section 101 of the Civil Procedure Act 2005) as at the date of this affidavit is $ [the amount of the judgment debt plus the costs of any earlier attempts to enforce the debt, less any payments made by the judgment debtor].

  3. Interest payable under section 101 of the Civil Procedure Act 2005 is $ [The amount of interest from the date of judgment to the date of signing this Notice of Motion (see Interest, filing and service fees for information about calculating interest.)]

  4. The amounts claimed for costs for the issue of the order are:

Service fees $ Amount of service fee if you intend to pay a process server, up to a maximum of $59.00 (as at July 2012). Otherwise leave blank.

Solicitors fees $ Leave blank

TOTAL $ Total


  1. The proposed garnishee is identified in the notice of motion at DETAILS ABOUT PROPOSED GARNISHEE.

  2. #The proposed garnishee order is in relation to wages/salary. OR

#The proposed garnishee order is in relation to the following debt: [give name of financial institution, branch number, account number or any other identifying information about the money owed to the judgment debtor].
Delete whichever does not apply.

  1. #The judgment is not stayed by an order of the court, by an instalment order or by a suspension under section 377(1) or 386(1) of the Legal Profession Act 2004 that has not been ended. Delete if there is a stay of enforcement or current instalment order

#The judgment debt was the subject of an instalment order that has ceased to have effect for the following reason: [If relevant, explain what has happened since instalment order made. For example, the judgment debtor has failed to make any instalment payments since (date)]
Delete if no instalment order has been made.


SWORN #AFFIRMED at

Delete 'sworn' or 'affirmed' whichever does not apply



Town/suburb where affidavit signed

Signature of deponent

Deponent is person who signs an affidavit



Your signature

Name of witness

Name of witness

Address of witness

Address of witness

Capacity of witness

[#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public] Delete whichever does not apply

Your witness will need to fill out these details and should know what to include

And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):

1 #I saw the face of the deponent. [OR, delete whichever option is inapplicable]

#I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.*

2 #I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]

#I have confirmed the deponent’s identity using the following identification document:












Identification document relied on (may be original or certified copy)

Signature of witness




Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

____________________________

[* The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).]

[†"Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011.]


Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

Instructions only. This is not legal advice.



Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə