failure to comply with an instalment order is served personally upon the debtor

coolatjc

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The creditor shall prepare and lodge with the Clerk of the District Court a summons in duplicate a statutory declaration in the form 53.9 schedule C. The Clerk shall list the matter for hearing and having completed and signed the original together copy summons, shall issue that summons to the creditor for service upon the debtor.

It is very important to note that the summons on failure to comply with an instalment order is served personally upon the debtor (unless the Judge of the District Court directs service otherwise) at least fourteen days before the date of sitting of the Court at which the debtor is directed to appear.


Just a quickie, what happens if the debtor no longer lives at that address and the order cant be personally served and the creditor has no idea where the new addess?
 
The Court can order substituted service. Most debtors leave some sort of trail. Unless of course they very deliberately choose to dodge service. Most creditors will have some way of finding the debtor.

mf
 
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