Statement of financial position (Form 71)

At any time after a money order is made, an enforcement creditor may, by written notice, require an enforcement debtor to complete and return a statement of financial position in the approved form (r 807(1), Uniform Civil Procedure Rules 1999 (Qld)). The notice is given or posted to the debtor with a blank statement, and the debtor must complete and return it to the creditor within 14 days after receiving it (r 807(2)-(3)). Form 71, Version 5, approved on 12 May 2025, is the form for individual debtors; Queensland Courts publishes Form 71A for companies. If the debtor receives regular payments such as wages or benefits, the statement must give the dates of the last 4 payments and, if paid into an account, the account details (r 807(6)). If the statement is not returned in time, or the creditor is not satisfied with it, the creditor may apply for an enforcement hearing (r 808).

When you need it

• You hold a money order (for example a judgment) that has not been paid and want information about the debtor's income, assets and debts before choosing an enforcement step.
• You have received a Form 71 from a creditor and must complete and return it within 14 days.
• The debtor is a partnership: a partner, or a person who has or had control or management of the business in Queensland, completes it (r 807(5)).
• For a company debtor, use the company version, Form 71A, which an officer of the company completes (r 807(4)).

1. 1

   Creditor: fill in the front page

   Complete the heading from the proceeding, the names of the enforcement creditor and enforcement debtor, and the address the statement must be returned to. Send it with a written notice requiring completion (r 807(2)).

2. 2

   Debtor: Part 1, income

   Answer every question about employment, take-home pay, the dates of the last four payments, bank accounts payments go into, pensions or benefits, self-employment, other income in the last 12 months, dependants, expected lump sums, and attach ATO notices of assessment for the last 2 years.

3. 3

   Debtor: Parts 2 to 4, expenses, assets and liabilities

   Give weekly expenses, leases and hire purchase, land, bank accounts, insurance, shares, business and trust interests, superannuation, money owed to you, vehicles and other property, then mortgages, loans, credit cards, other debts and guarantees. Attach the copies the form asks for, such as mortgage and hire purchase agreements.

4. 4

   Debtor: Part 5, proposal for payment

   Say whether you propose a way to pay or satisfy the debt and, if so, what.

5. 5

   Follow the answering rules

   All questions must be answered, using 'Nil' where appropriate. Estimates are only allowed if you cannot give an accurate answer after reasonable enquiry, and must be marked with the letter 'E'. Attach extra pages if you need more room.

6. 6

   Swear or affirm the affidavit

   The statement ends with an affidavit confirming it is true and that you have no other income, property or financial resources. Sign every page before an authorised witness and complete the jurat, as for any affidavit. The form says it must be printed to sign.

• Form 71 is not filed in court. The debtor returns the completed, sworn statement to the creditor at the address on the form within 14 days after receiving it (r 807(3)).
• The form warns that a debtor who fails to return the completed statement may be liable to punishment for contempt of court.
• If the statement is not returned in time or is unsatisfactory, the creditor may apply without notice for an enforcement hearing, supported by an affidavit stating the unpaid amount and why the creditor is not satisfied. No fee is payable for that application (r 808).
• An enforcement hearing summons may require the debtor to complete and return another statement at least 4 business days before the hearing (r 808(7)).

• Debtor: answer fully and honestly. It is sworn evidence, and the creditor can have you examined about your property and means at an enforcement hearing (r 813).
• Creditor: if you are satisfied with the statement, you can give written notice to the person and the court that they no longer need to attend an enforcement hearing (r 813(2)).
• Keep a copy of what you send and proof of the date it was given or posted, because the 14 days runs from receipt.