Darwin Debt Collection

I.

If after making all attempts to collect the debt, we are still unsuccessful in recovering the monies owed, the matter can be referred for legal action to Stonegate Legal. Proceedings can be issued out of the Northern Territory Local Court located at Nichols Place, Corner Cavenagh and Bennett Streets, 4 Cavenagh Street, Darwin City NT 0800.

II.

Once Default Judgment has been obtained, enforcement proceedings can commence.  If little is known about the Respondent, proceeding with a Form 47A Application for Issue of Examination Summons (Examination Summons) can be issued.

The Examination Summons is required to be personally served upon the Respondent by the Bailiff or a Process Server. The Respondent must be served at least 14 days prior to the hearing date.  Once served, the Respondent must at least 7 days before the hearing date, complete the signed declaration of financial circumstances and return same to the Court and forward a copy to the Judgment Creditor.

The hearing can be conducted by the Registrar and once conducted the Registrar may make an Order for Payment by either an Attachment of Earnings Order, an Attachment of Debts Order or an Instalment Order making this an effective enforcement option.

If an Attachment of Earnings Order has been granted by the Court, once filed, an appropriate amount may be considered to be deducted from the Judgment Debtors wages.

III.

To commence proceedings in the Northern Territory, a Form 7A Statement of Claim is required to be lodged. The debt amount must be $5,000.00 and above, otherwise an Initiating Application must be issued out of the Northern Territory Civil and Administrative Tribunal.

Once the relevant Claim or Application has been filed, the documents are required to be served upon the Respondent. The Respondent is then given days to pay the matter in full, enter into a suitable repayment arrangement or lodge a Notice of Defence if they intend to dispute the matter.

Failing this, a Form 11A Application for Order for Default Judgment can be lodged.

IV.

An alternative option would be to proceed with a Form 44A Warrant of Seizure and Sale (Warrant).  Once filed, the Bailiff is authorized to seize and sell land or personal property belonging to the Judgment Debtor.

Where the property is sufficient to satisfy the amount raised, the Bailiff is required to seize and sell only as much as needed to satisfy the amount outstanding under the Warrant. The Bailiff must always sell property in priority of land.

V.

The Judgment Creditor may also wish to apply for a Form 48A and Form 48B Attachment of Earnings Summons and Affidavit (Summons).  Once filed, the Registrar will list the matter for hearing.  The Summons must be served upon the Judgment Debtor at least 14 days before the hearing along with a Declaration of Financial Circumstances.

At least 7 days before the hearing, the Judgment Debtor must complete and sign the declaration and return same to Court with a copy to be forwarded to the Judgment Creditor. At the hearing, if possible, an appropriate order will be made.

The order is then required to be served upon the Judgment Debtors employer and they must comply with such order 7 days after the date of service.