Summons to judgment debtor (Form 151)

Rule 203.18 of the Uniform Civil Rules 2020 (SA) governs applications for a summons or warrant of apprehension under section 14(1) of the Enforcement of Judgments Act 1991 for a person to appear before the court for examination. The judgment creditor applies by interlocutory application and supporting affidavit under r 102.1, with a draft order in Form 79 as an editable Word document (r 203.18(1)). The affidavit must identify the grounds for believing that the person is about to leave the State and that their absence would seriously prejudice the applicant's prospects of enforcing a judgment (r 203.18(2)). If the application complies, the Registrar may issue a summons in Form 151 (or Form 152 for a potential judgment debtor) or a warrant of apprehension (r 203.18(3)). At the hearing the person can give evidence or make representations, and the court may order them to give security for the judgment under section 14(2) (r 203.19). This is not the usual means summons: investigation and examination summonses are Forms 143 and 146 (rr 203.4, 203.8).

When you need it

• You hold a judgment and have grounds to believe the judgment debtor is about to leave South Australia, and their absence would seriously prejudice enforcement.
• You want the court to examine the debtor and consider ordering security for the judgment (section 14(2)).
• Use Form 152 if judgment has not yet been given, and Forms 143 or 146 for an ordinary investigation or examination of the debtor's means.

1. 1

   Complete the heading and party panels

   Choose the court and name the parties as in the judgment. Give the judgment creditor's address for service, email, phone and any law firm, and the judgment debtor's address.

2. 2

   Check the recitals

   The printed recitals state the court is satisfied there are grounds for believing the debtor is about to leave the State and that this would seriously prejudice enforcement. They must be supported by your affidavit (r 203.18(2)).

3. 3

   Complete the amount owing

   Enter the date judgment was entered, the balance owing after payments, interest since the last process, the issue and service fees for the summons, any solicitor's fee including attendance, other amounts and the total.

4. 4

   Complete the notice to the debtor

   Insert the judgment amount and the date judgment was entered. The court inserts the hearing date, time and location in the box at the top and the Registrar signs the summons.

• File the interlocutory application, supporting affidavit and Form 79 draft order (r 203.18(1)) through CourtSA or at a registry. If the application complies, the Registrar may issue the Form 151 summons (r 203.18(3)).
• Serve the summons with the application, draft order and supporting affidavit on the person at their address for service or otherwise by personal service as soon as practicable (r 203.18(4)). Under Chapter 17, service of a summons is by the sheriff unless the court orders otherwise (r 206.1).
• If the person does not appear within 15 minutes of the hearing time and the conditions in r 201.6(1) are met (for example, personal service at least 4 days before, proved by affidavit), the court may issue a warrant of apprehension (r 203.19(2)).
• Issue and sheriff service fees apply. Check the court and Sheriff's Office fee schedules.

• The debt cannot be disputed at this hearing. The form tells the debtor that a default judgment can only be challenged by a Form 77 application to set it aside.
• Act quickly and keep the affidavit specific about travel plans and why absence would prejudice enforcement.
• If the debtor appears, they may give evidence or make representations before any security order is made (r 203.19(1)).