Western Australian Current Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 40

40 .         Third person may object to appropriation order

        (1)         A third person who is served with an earnings appropriation order may object to the order on the grounds that the third person —

            (a)         is not a person who is liable to pay earnings to the judgment debtor; or

            (b)         ceased to be such a person on a date after the order was served.

        (2)         The objection must —

            (a)         be in writing; and

            (b)         state the grounds on which it is made and the facts that support the grounds; and

            (c)         be lodged at the court within 7 days after the day on which the third person —

                  (i)         is served with the earnings appropriation order if the objection is made under subsection (1)(a); or

                  (ii)         ceases to be a person who is liable to pay earnings to the judgment debtor if the objection is made under subsection (1)(b).

        (3)         The court must serve a copy of the objection on the judgment creditor and judgment debtor.