12EAuthority to make deductions

#### 12E Authority to make deductions (1) Deductions from a debtor’s salary to satisfy a judgment debt may be started only if: (a) the paying officer has received a statutory declaration, made by the judgment creditor, that the judgment debt exists and has not been discharged; and (b) the paying officer has received a copy of the judgment to which the judgment debt relates, certified by the Registrar or other appropriate officer of the relevant court; and (c) the paying officer has received the fee (if any) required under regulation 12F; and (d) the paying officer has given the debtor a notice in accordance with subregulation (2); and (e) the debtor does not, within the time specified in the notice given under subregulation (2), satisfy the paying officer that the judgment debt has been satisfied. > Note: For cases where there is more than one judgment debt against a debtor, see regulation 12G. (2) The paying officer must: (a) notify the debtor, in writing, as soon as practicable after being satisfied that the requirements mentioned in paragraphs (1) (a), (b) and (c) are met, that it is proposed to make the deductions; and (b) require the debtor to state, in writing, by a time specified in the notice, whether the judgment debt has been satisfied; and (i) if the judgment debt has been satisfied—to give the paying officer evidence in support of that fact; and (ii) if the judgment debt has not been satisfied—to state, in writing, the amount due under the judgment at the time the statement is made. (3) If the debtor does not give the paying officer evidence that the judgment debt has been satisfied by the time specified in the notice under subregulation (2), the paying officer must deduct from the debtor’s salary on each pay day for the debtor an amount equal to: (a) the deduction required under regulation 12I; or (b) a lesser amount that, in the paying officer’s opinion, is needed to satisfy the balance of the judgment debt. (4) After making the first deduction, the paying officer may only continue to make deductions if the paying officer has no reason to believe that the judgment debt has been discharged. (5) The paying officer must ensure that the amount of each deduction is paid to the judgment creditor.