Step by step guide - Application for payment by instalments

You will need two forms: 

• Form 35 – Acknowledgment of liquidated claim
  
• Form 46 - Notice of motion to pay by instalments – individual, or
  
• Form 47 - Notice of motion to pay by instalments - corporation (if the debt is against your company). 
  

You can get copies of the forms from:

• any  Local Court or
  
• the Uniform Civil Procedure Rules (UCPR) website.
  

You can also complete and file this form online using the NSW Online Registry.

Note: If you are applying to pay by instalments after the court has made a judgement, you only need to complete the ‘Notice of Motion to pay by Instalments’ (Forms 46 or 47). You don’t need to fill out aa ‘Acknowledgment of liquidated claim’ form (Form 35), after a judgment has been made. 

You will need the following information to fill out the forms: 

• The case number, the other party's name and address for service. You will find this information on the statement of claim. If you do not have a copy of the statement of claim, contact the Local Court on 1300 679 272 to get this information.
  
• Information about your income, including wages and Centrelink payments. 
  
• Information about all your assets, including money in the bank, your home, and car(s), any holiday or, investment properties, other investments such as shares, boats, and caravans.
  
• Information about your expenses, including rent or mortgage payments, food, household expenses, car and other transport expenses, insurance, childcare and other expenses for children.
  
• Information about your debts and repayments.
  
• What instalments you will offer to pay. 
  

You should carefully review your income and expenses when deciding how much to offer to pay. 

The registrar will look closely at all your financial information to see whether you can realistically afford to pay the offered instalments. The registrar will also consider whether you can afford to pay more than you have offered, and whether your payments will be high enough to pay off the debt and interest within a reasonable time. 

You can get help working out what instalments you can afford from a financial counsellor. To find a free financial counsellor, go to the Financial Counsellors' Association of NSW (FCAN) website. 

You can fill out the form in neat handwriting in blue or black pen. You can also fill out the form on your computer. 

When you have finished filling out the form you need to sign the affidavit section of the Notice of Motion in front of an approved witness. Approved witnesses include a lawyer or justice of the peace (JP).  If you need to find a justice of the peace, see Find a JP on the NSW Communities and Justice website.

Instructions:

Instructions - acknowledgement of liquidated claim

Instructions - notice of motion to pay by instalments – individual

Samples:

Sample acknowledgement of liquidated claim

Sample notice of motion to pay by instalments – individual

Note: If you are applying to pay by instalments after the court has made a judgement, you only need to complete the ‘Notice of Motion to pay by Instalments’ (Forms 46 or 47). You don’t need to fill out an ‘Acknowledgment of liquidated claim’ form (Form 35), after a judgment has been made. 

You must take or send the form to the Local Court. There is no filing fee. 

A registrar will consider your application to pay by instalments and decide whether to accept or refuse it. The court will send you a letter notifying you of the decision. 

 You have to file the forms at the same Local Court where the statement of claim was filed.

If your instalment application is accepted, the court will notify the other party. If the other party disagrees with the court's decision they have 14 days to file an objection at the court. 

If the other party files an objection, the court will hold a brief hearing about your instalment application. You will be notified of the date of this hearing. 

If the other party does not file an objection, the instalment order made by the registrar will be in force. As long as you pay the instalments on time, the other party cannot take any other enforcement action against you. 

If the registrar refuses your instalment application, you have 14 days to file an objection to the refusal. If you file an objection the court will hold a brief hearing about your instalment application. You will be notified of the date of this hearing. 

Instructions: Instructions - notice of motion – objection to order refusing instalment application

Sample: Sample notice of motion – objection to order refusing instalment application