Judgment debtor's statement of financial position (Form 72C)

When a judgment creditor applies for an attachment of earnings order, rule 72.02(4) of the Magistrates' Court General Civil Procedure Rules 2020 (Vic) requires the summons, a copy of the supporting affidavit and a notice in Form 72C to be served on the judgment debtor at least 14 days before the hearing. Form 72C asks for the debtor's income, property and assets, and debts, liabilities and other financial obligations. It matters at the hearing: unless the court has received a completed Form 72C or has examined the debtor about those matters, it must not set the protected earnings rate below 80 per cent of net earnings (r 72.05(5)). A statement in Form 72C given by an employer or another person who owes the debtor money, if directed under r 72.04(1)(b), is admissible in enforcement proceedings (r 72.04(3)).

When you need it

• Judgment creditor: serve a blank copy, with your part completed, on the debtor together with Forms 72A and 72B.
• Judgment debtor: you have been served with an attachment of earnings summons and this form, and you want the court to set deductions based on your real circumstances.
• The court may also direct an employer or a person who owes the debtor money to give a signed statement (r 72.04(1)(b)).

1. 1

   Creditor's part

   The creditor fills in the heading, the debtor's name and address, the address the completed form must be sent to, the hearing day it must be returned before, and signs.

2. 2

   Part 1: weekly income

   The debtor gives their occupation and employer, gross wage, overtime, allowances, self-employed earnings or last employment details, and any pension, workers' compensation, maintenance, superannuation, board, interest, dividends or other income, totalled weekly.

3. 3

   Part 2: property and assets

   List land (value, mortgage, net value), vehicles (year, make, model, value, finance owing), bank deposits, cash, investments, money owed to you, business interests, household goods, life insurance surrender values and other assets.

4. 4

   Part 3: expenses and debts

   Give weekly expenses (tax, housing, rates, utilities, food, transport, school fees, medical costs, court orders and others) and other debts such as credit cards, loans and leases, with due dates.

5. 5

   Parts 4 to 6

   Identify assets or debts held jointly and with whom, and describe other circumstances, such as dependants, marital status and health. Date and sign.

• The form tells the debtor to send the completed, signed form to the judgment creditor at the stated address before the hearing day. The court's attachment of earnings page says the debtor should also return a copy to the court before or on the hearing date.
• If it is not returned, the form warns that the court may order the debtor to attend and give the information. On an application the court may direct the debtor to attend for oral examination about income, assets, cash and debts (r 72.04(1), (2)).
• There is no separate filing step for the creditor beyond serving the blank form with the summons (r 72.02(4)).

• Convert fortnightly or monthly amounts to weekly figures, as the form asks for weekly income and expenses.
• Be complete and accurate: the court uses the form to set how much of your pay is protected (r 72.05(3), (5)).
• A pension under the Social Security Act 1991 or the Veterans' Entitlements Act 1986 is not earnings that can be attached (r 72.01); still list it as income.
• The form recommends getting legal advice or financial counselling if you do not understand the documents.