UNIFORM CIVIL PROCEDURE RULES 1999 - REG 799 Enforcement period

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 799

799 Enforcement period

(1) An enforcement creditor may start enforcement proceedings without leave at any time within 6 years after the day the money order was made.

(2) In addition to another law requiring a court’s leave before an order may be enforced, an enforcement creditor requires a court’s leave to start enforcement proceedings if—

(a) it is more than 6 years since the money order was made; or

(b) there has been a change in an enforcement creditor or enforcement debtor, whether by assignment, death or otherwise.

(3) An application for leave to start enforcement proceedings may be made without notice to any person unless the court orders otherwise.

(4) On an application for leave to start enforcement proceedings, the applicant must satisfy the court—

(a) as to the amount, including interest, owing at the date of the application; and

(b) if it is more than 6 years since the money order was made—as to the reasons for the delay; and

(c) if there has been a change in an enforcement creditor or enforcement debtor—as to the change that has happened; and

(d) that the applicant is entitled to enforce the order; and

(e) that the enforcement debtor against whom enforcement is sought is liable to satisfy the order.