Attachment of earnings summons (Form 72A)

Rule 72.02 of the Magistrates' Court General Civil Procedure Rules 2020 (Vic) lets a judgment creditor apply for an attachment of earnings order by summons in Form 72A, supported by an affidavit in Form 72B. If the court (which can include a registrar) is satisfied the debtor has earnings and has failed to comply with an order for the debt, it can order the employer to pay part of the debtor's earnings to the creditor (r 72.03). The order sets a normal deduction rate and a protected earnings rate below which the debtor's earnings will not be reduced (r 72.05). It comes into force 7 days after it is served on the employer (r 72.06(2)). The summons tells the debtor when and where the application will be heard.

When you need it

• You have a Magistrates' Court order for money that has not been paid and the debtor is employed by a known employer.
• Other enforcement steps have not worked, or wage deductions are the practical option.
• Not for a debtor whose only income is a Social Security Act 1991 or Veterans' Entitlements Act 1986 pension, which is not "earnings" under r 72.01.

1. 1

   Fill in the heading

   Give the court number, venue, plaintiff and defendant and their addresses, and your filing details.

2. 2

   Address it to the debtor

   Insert the judgment debtor's name and address and the court venue where they are summoned to attend.

3. 3

   Describe the order and the debt

   Name the judgment creditor, the venue and date of the order and its amount, then the amount due and unpaid broken into: amount due under the order, costs of this application, other costs since the order, and interest to date.

4. 4

   Leave the hearing details for the registrar

   The registrar fills in the venue, time and date of hearing and signs the summons when it is filed. Complete the line saying who filed it.

• File the original and two copies of the summons and the Form 72B affidavit with the Magistrates' Court where the complaint was made, in person or by post, according to the court's guide. A filing fee is payable - check the current fee schedule.
• Serve the summons, a copy of the affidavit and a blank Form 72C (statement of financial position) on the debtor not less than 14 days before the hearing day (r 72.02(4)), personally or by registered post (r 72.16). The server completes an affidavit of service (Form 6A).
• Attend the hearing. The court's guide says the application may be struck out if the creditor does not attend; the debtor may attend but does not have to.
• If an order is made, prepare the attachment of earnings order (Form 72F) and serve it on the debtor and the employer (r 72.06(1)).

• Unless the debtor has returned a completed Form 72C or been examined, the court cannot set the protected earnings rate below 80 per cent of net earnings (r 72.05(5)). A completed Form 72C can therefore matter to both sides.
• The court can make the order in the debtor's absence if satisfied about service, the opportunity to attend, the employer and the earnings (r 72.04(4)).
• While an attachment of earnings order is in force, no warrant or other execution may issue on the same order unless the court orders otherwise (r 72.09).