How to get money you are owed

The court may make an order for the debtor to pay you the money in small amounts over a period of time. This is called an instalment order. 

If you agree on payment terms 

If the court doesn't make an instalment order, and you and the debtor agree on payment terms, you can apply to the court to make an instalment agreement.  

You and the debtor must:

1. Complete the instalment agreement.
2. Sign the instalment agreement.
3. File it at the Local Court in seven days of you, the creditor, signing the agreement.  

If you don't agree on payment terms  

If you and the debtor cannot agree on payment terms, the debtor must apply for an instalment order.

They must: 

1. Complete either:

• for small claims - an application for order payment of judgment debt by instalments DOCX (16.6 KB)
• for local court - an application for order payment of judgment debt by instalments DOCX (16.5 KB)

And also: 

• a judgment debtor’s declaration of financial situation in court
  • judgment debtor’s declaration of financial situation in court PDF (16.9 KB)
  • judgment debtor’s declaration of financial situation in court DOCX (29.1 KB)

2. File the documents at the Local Court. 
3. Give copies of these documents to you. 

The court's decision 

The court looks at the application and consider any objections you may have. 

They may refuse an application if the debtor has: 

• proposed new instalment amounts that are too low for their income and outgoings
• or if they haven’t given enough information on their finances. 

If you disagree with the court's decision 

If you or the debtor disagree with the decision, you can both apply for the matter to be heard by a judge or judicial registrar.

You must: 

1. Complete both: 

• a notice of objection
• an affidavit stating the reasons for the objection.

2. File the documents at the Local Court. 

The judge or judicial registrar will look at the new terms suggested by the debtor and decide whether to change them, and grant or refuse an instalment order.

If the debtor’s financial circumstances change

If the debtor can no longer meet the terms of the new order, you can file:

• an application for variation or cancellation of order for payment of judgment debt by instalments
• a fresh judgment debtor’s declaration of financial circumstances.

If you believe there has been a large increase in a debtor’s property or means, you can apply for a variation of the instalment order.