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Definitions of terms used

Affidavit—a written declaration that is sworn under oath or affirmation in front of a justice of the peace (qualified) or qualified legal professional.

Monetary order—an order for the payment of money owed.

Party—an individual, corporation or other entity that has:

• started a civil or criminal court proceeding
• had a proceeding started against them
• later joined in a proceeding.

If a party appoints a legal representative (e.g. a solicitor) to do a task they must do, or are allowed to do, the legal representative becomes the contact in the proceeding for the party they represent.

Seal (documents)—an impression on paper (e.g. a stamp) used to show the document is valid, acknowledged or witnessed.

Serve (documents)—deliver legal documents officially notifying the intended receiver that a legal action or proceeding involving them has been started.

Summon—call a person to appear before a court or judicial officer.

Documents about the debtor’s financial position

You can summon an enforcement debtor to produce documents about their assets (i.e. the property they own that has value and is available to meet debts), income, liabilities (i.e. the money or debts they owe), bank accounts and any other information about their financial position and funds available to pay the debt.

For example, you can summon them to produce payslips, wage slips, bank statements, vehicle registration notices, property title documents or rates notices (this is not a complete list of the documents that can be included).

You should also give the enforcement debtor another copy of the statement of financial position to complete. They must give it back to you at least 4 business days before the enforcement hearing. At the enforcement hearing, the debtor can be questioned about their assets, liabilities, income, expenses and the contents of their statement of financial position.

Brisbane Magistrates Court district

The Brisbane Magistrates Court district extends from the suburbs of Ferny Grove and Zillmere in the north to Corinda and Moggill in the south and from Pullenvale and the Gap in the west to Hamilton and Colmslie in the east. Enforcement hearings for people who live or have businesses in this district are generally dealt with by the Brisbane Magistrates Court.

Suburbs like Mount Gravatt, Carseldine, Ferny Hills and Tingalpa, which are located further out from Brisbane city, are in different court districts. Enforcement hearings for people living and working in the outer suburbs of Brisbane are dealt with by other magistrates courts—for example, the Holland Park, Sandgate, Pine Rivers or Wynnum magistrates courts.

If you’re unsure if the enforcement debtor’s home or business is in the Brisbane Magistrates Court district, contact us to check.