enforcement process required - District Court of Western Australia

WESTERN AUSTRALIA
Court
Civil Judgments Enforcement Act 2004
Part 4 Division 1
APPLICATION TO COURT FOR ENFORCEMENT ORDER
Court ref number:
FORM 6
Judgment creditor or
applicant
Location:
Name:
Address:
Judgment debtor or obligated Name:
Address:
person
To: The Registrar
The judgment creditor makes application for the following:
* Complete as necessary
Tick [] appropriate box and add information where necessary
ENFORCEMENT
PROCESS REQUIRED
Means Inquiry (complete sections 1, 2, 8 and 9)
Property (Seizure and Sale) Order (complete section 1, 3, 8 and 9)
Property (Seizure and Delivery) Order (complete sections 1and 4)
Debt Appropriation Order (complete sections 5 and 9)
Default Inquiry (complete sections 1, 6, 8 and 9)
Order after a Means Inquiry (complete sections 1, 7, 8 and 9)
Warrant for Arrest (complete section 1 and 9)
Order for Arrest and Imprisonment on Default on Suspended Imprisonment Order
(complete sections 1 and 9)
Re-list Means Inquiry
1.
PERSON TO BE
SUMMONSED OR
ARRESTED
Judgment debtor
Officer of a corporation
Former officer of a corporation
Other person
Name of person to be summonsed or arrested:
Address:
2.
MEANS INQUIRY*
3.
PROPERTY (SEIZURE
AND SALE) ORDER*
To attend and give oral evidence
To attend and produce to the Court for use in the inquiry the following record or thing:
Personal property situated as above or at
Real property, the land sought to be affected by the Property (Seizure and Sale) Order is all that piece
of land being:
on Certificate of Title volume
(occupation). As to the interest of
the land is situated at
Folio
standing in the register book in the name/s of:
4.
PROPERTY (SEIZURE
AND DELIVERY)
ORDER*
Property ordered to be seized and delivered:
The respondent has failed to deliver the above property as ordered.
Additional description of improvements to real property:
Additional description of personal property:
5.
DEBT
APPROPRIATION
ORDER*
Name of third person:
Address
Details of available debt:
The affidavit in support is attached
6.
DEFAULT INQUIRY*
7.
APPLICATION FOR
AN ORDER AFTER A
MEANS INQUIRY HAS
BEEN HELD*
8.
INTEREST*
Details of default:
The judgment debtor has disobeyed the Time for Payment Order made on the
day of
20 .
The judgment debtor has on two or more occasions not paid an instalment in respect of an Instalment
Order made on the
day of
20 .
Failed to attend and give oral evidence
Failed to attend and produce to the Court for use in the inquiry the following record or thing:
The judgment creditor applies for the following order:
Time for Payment Order;
Instalment Order; or
Earnings Appropriation Order
If applying for an Earnings Appropriation Order, tick the appropriate box:
An Instalment Order has been cancelled; or
This application includes an application to cancel the Instalment Order
Interest payable at
% pa, on $
being a daily rate of $
from / /20
payment.
Schedule of payments and interest calculated on reducing balance attached.
I do not wish to claim part of the interest (give details)
until final
I do not wish to claim any interest (waived claim).
9.
AMOUNT OWED
Judgment sum
Less paid/credit amount
$
$
Balance of judgment sum
*Add interest
$
$
Previous enforcement costs
Sub Total
10.
ENFORCEMENT
COSTS
$
$
Application fee
Sheriff’s fees/claimant service fees
$
$
Travelling fee
Poundage for Property (Seizure and Delivery) Order
$
$
Lawyer’s costs
$
$
Total Judgment Debt
I certify that where previous enforcement costs have been claimed, they have been properly incurred. No other order is in
effect.
Signature of applicant/ or lawyer :
Date:
Ref number:
File contact details:
OFFICE USE ONLY
Hearing date:
Date filed:
Time:
am
Day:
Date:
Time:
am