Being paid in instalments
If you have a judgment against the other party, they may:
- offer to make regular payments to you or
- apply to the court to make regular payments to you,
until the full amount is paid, instead of paying you in one lump sum.
This is called 'paying in instalments'.
What if I agree to be paid in instalments?
If you and the other party come to an agreement about paying in instalments, you should:
- put the agreement in writing
- sign the agreement
- have each of your signatures witnessed by a lawyer or officer of the court (for example a registrar)
- file the agreement with the court.
Once this is done the court will make an order that the debt is to be paid according to the agreement. This is called 'consent orders'.
You will not be able to take any other enforcement action against the other party if the payments are being made as agreed. If the other party misses a payment you will be able to take other enforcement action.
The other party may apply to the court to pay in instalments. They can do this by filing a notice of motion to pay by instalments. The first time they file this application there is an automatic stay of enforcement, which means any current enforcement action is stopped and you cannot start any new enforcement action, until the court has made a decision about the instalment application.
The other party has to give information to the court about their income, assets and debts when they make an instalment application. The court will consider the application and decide whether to accept or refuse the instalment application. This is usually done 'in chambers', meaning it's not decided in an open court, and you don't have to attend a hearing.
If the court accepts the instalment application, you will be notified of this decision by the court. If you disagree with the decision of the court, you can object by filing a notice of motion – objection to instalment order.
You have 14 days from the date the order is made to file an objection. Before you file an objection, you should get legal advice.
In your objection form, you can say that:
- no instalment order should be made, or
- the amount of the instalments should be changed, or paid more often.
Instructions: Instructions for filling out notice of motion - objection to instalment order.
Sample: Sample notice of motion - objection to instalment order.
If you file an objection, you will have to attend a brief court hearing about the instalment application. After hearing from you and the other party, the court will decide whether to confirm the instalment order, change it or cancel it.
If the court makes an instalment order, you cannot take any enforcement action against the other party if the instalment payments are made according to the order.