New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 39.21

39.21 Judgment creditor's notice to judgment debtor

(cf DCR Part 36, rule 2; LCR Part 30A, rule 3)

(1) A judgment creditor may file an affidavit verifying--

(a) the registration of a writ for the levy of property--

(i) in the Register kept under the Real Property Act 1900 , pursuant to section 105 of that Act, or

(ii) in the General Register of Deeds kept under the Conveyancing Act 1919 , pursuant to section 186 of that Act, and

(b) the receipt by the judgment creditor of advice from the Sheriff to the effect that the Sheriff cannot obtain satisfaction of the writ by proceeding further against the goods of the judgment debtor.

Note--: Section 72 of the Fines Act 1996 provides that a property seizure order under that section operates as a writ for the levy of property issued by the Local Court and, for that purpose, that the State Debt Recovery Office is taken to be the judgment creditor.

(1A) A copy of the advice referred to in subrule (1)(b) must be annexed to the affidavit.

(2) On filing an affidavit referred to in subrule (1) the judgment creditor may lodge with the registrar in duplicate, and the registrar must seal, a notice (the
"judgment creditor's notice" ) advising the judgment debtor of the following--

(a) that a writ for the levy of property has been registered as referred to in subrule (1)(a),

(b) that the judgment creditor intends that land of the judgment debtor be sold after the lapse of 4 weeks,

(c) that the judgment debtor is entitled to sell or mortgage the land, but only in accordance with section 113 of the Civil Procedure Act 2005 ,

(d) that the judgment debtor is entitled to apply for an instalment order under section 107 of the Civil Procedure Act 2005 .

(3) A sealed copy of the judgment creditor's notice is to be served on the judgment debtor.