What is a Notice of Motion to pay by instalments?
A 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. When the person/business you owe money to (the judgment creditor) gets judgment against you the whole debt becomes due. This means that unless you apply to pay by instalments, you owe the whole debt and must pay it immediately. When should I make a Notice of Motion to pay by instalments? You should only make a Notice of Motion to pay by instalments if you owe the whole amount of the debt and do not have a defence. This is essentially an application to pay the debt by instalments and so is done by a Court Form called a Notice of Motion to Pay by Instalments. This Notice of Motion application needs to be supported by a document called “Financial Statement Form”. This is a form that includes details of your financial circumstances. DO NOT make a Notice of Motion to pay by instalments if you believe: • You do not owe the debt • You owe only part of the debt • Y
