Victorian Current Acts

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JUDGMENT DEBT RECOVERY ACT 1984 - SECT 17

Default in payment of instalments

    (1)     Where a judgment debtor defaults in the payment of any instalment under an instalment order, the proper officer of the court may upon the application of the judgment creditor cause to be issued a summons requiring the judgment debtor to attend before the court at the time and place specified in the summons.

    (2)     If a judgment debtor fails to attend as required by a summons under subsection (1), the court or the proper officer of the court may cause to be issued a warrant for the apprehension of the judgment debtor.

    (3)     A warrant under subsection (2) shall—

S. 17(3)(a) amended by No. 37/2014 s. 10(Sch. item 89.2).

        (a)     be addressed to a police officer; and

        (b)     specify a time and place at which the judgment debtor shall attend before the court.

S. 17(4) amended by No. 37/2014 s. 10(Sch. item 89.2).

    (4)     A police officer who pursuant to a warrant under subsection (2) apprehends a judgment debtor may release the judgment debtor upon the judgment debtor's undertaking to appear before the court at the time and place specified in the warrant.

    (5)     The proper officer of the court shall cause the judgment creditor to be notified of the time and place under the summons and warrant (if any).

    (6)     Notwithstanding any Act or any regulation or rule made pursuant to any Act or any rule of law to the contrary, no fine shall be imposed upon a judgment debtor for failing to attend before a court as required by a summons under subsection (1).



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