Suspension orders - Car crashes

car crash self-help guide logoThe judgment debtor may apply for an order suspending the enforcement of all or part of the judgment.

The application must be made to the court that gave the judgment.

Warning!

Suspension orders are difficult to get. If you are unsuccessful in your application you may have to pay the judgment creditor’s costs.

How to apply for a suspension order

To apply for a suspension order you will need to fill in and lodge:

  • a Form 9 Application for a Suspension Order, and
  • an affidavit in support.

When the court will grant a suspension order

The court may only grant a suspension order if there are ‘special circumstances’ that justify doing so. These are circumstances that are out of the ordinary, including: a judgment debtor needing seized property for transport to appointments for a serious medical condition, or they live in a remote area with no public transport.

A suspension order may be made for any period. The court may make orders about costs and any other order it thinks is necessary.

While a suspension order is in place, the enforcement of the judgment is suspended to the extent stated in the order.

 

Useful documents

Magistrates Court of WA

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The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.