See our Fact Sheet: Dispute Resolution (Financial). You can do this if you dispute the debt or if you simply cannot afford to pay the amount claimed in one lump sum and you need help to negotiate a repayment arrangement.
INSTALLMENT PAYMENT PROPOSAL LETTER FREE
You can lodge a dispute with a free dispute resolution service instead, which will stop the legal proceedings. If you receive a Statement of Claim for a consumer credit debt, such as a credit card, personal loan, home loan or goods rental agreement (consumer lease), DO NOT lodge an application to pay by instalments unless there is already a judgment against you. These forms can be obtained at any court or on the internet by searching for “UCPR Forms” Make sure the website is an official website. This is a form that includes details of your financial circumstances. This Notice of Motion application needs to be supported by a document called “Financial Statement Form”. You can make an application to pay the debt by instalments using a Court Form called a Notice of Motion to Pay by Instalments (Form 46). You should only make a Notice of Motion to pay by instalments if you: WHEN SHOULD I MAKE A NOTICE OF MOTION TO PAY BY INSTALMENTS? If a notice of motion to pay by instalments is granted by the court, you can then pay the debt by repayments. This means that you owe the whole debt and must pay it immediately. When the person/business you owe money to (the judgment creditor) gets judgment against you the whole debt becomes due. WHAT IS A NOTICE OF MOTION TO PAY BY INSTALMENTS?Ī Notice of Motion to pay by instalments is when you apply to your local court to pay off your debt in small repayments over time. WARNING: Get legal advice BEFORE you confess the debt and apply to pay by instalments. Vince feels a lot better knowing that BIG TELCO cannot take his pay or take his property so long as he keeps making the repayments every month. The Notice of Motion was accepted and Vince now makes sure he makes the agreed monthly repayment. Vince goes to the Court and makes an Notice of Motion to pay by instalments. Vince has heard that if he does not do anything the Sheriff will come and take his stuff. He knows he owes the debt that is being claimed by BIG TELCO. Vince received a Statement of Claim in the mail. It is recommended that you get legal advice about your situation. This fact sheet is for information only, and applies to NSW.
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