Western Australia: Civil Judgments Enforcement Act 2004 (WA)

Western Australia Civil Judgments Enforcement Act 2004 Western Australia Civil Judgments Enforcement Act 2004 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Term used: earnings 5 5. Judgments to which this Act applies 6 6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 7 6. Crown bound 7 7. Common law writs etc. and rules, application of 7 Part 2 — Interest on judgment sums 8. Interest on judgment sums 8 Part 3 — Provisions applying to all judgments Division 1 — Procedural matters 9. Applying to a court under this Act 9 10. Costs of proceedings under this Act 10 Division 2 — General 11. When judgments have effect 10 12. Limitation period for enforcement 10 13. Court's leave to enforce needed in some cases 11 14. Partnerships, enforcement against 12 Division 3 — Suspending the enforcement of judgments 15. Suspension order 13 16. Suspension order, effect of 14 Part 4 — Enforcing monetary judgments Division 1 — General 17. Term used: enforcement order 15 18. Enforcement orders, applicability of 15 19. Enforcement orders, application for etc. 15 20. Enforcement and other orders, making of 16 21. Certain orders only available at or after means inquiry 16 22. More than one enforcement order, applications for 16 23. Multiple enforcement orders, effect of 17 24. Money recovered, judgment creditor's duties as to 18 25. Excess money recovered, consequences 18 Division 2 — Means inquiry 26. Means inquiry, nature of 19 27. Means inquiry, application for by judgment creditor 19 28. Means inquiry, application for by judgment debtor 20 29. Means inquiry, summons to attend 21 30. Means inquiry, conduct of 21 31. Orders at or after a means inquiry 22 Division 3 — Orders for payment 32. Time for payment order 23 33. Instalment order 23 Division 4 — Appropriating a judgment debtor's earnings 34. Terms used 24 35. Earnings appropriation order 24 36. Earnings appropriation order, content and service of 25 37. Earnings appropriation order, effect of 25 38. Third person's obligations 26 39. Third person entitled to expenses of obeying order 26 40. Third person may object to appropriation order 27 41. Objection to appropriation order, consequences of 27 42. Earnings appropriation order, failure to obey 28 43. Earnings appropriation order, effect of obeying 29 44. Employees, protection of 29 Division 5 — Appropriating debts owed to a judgment debtor 45. Terms used 30 46. Available debt in relation to a judgment debtor 31 47. Workmen's Wages Act 1898, application of 31 48. Available debts, provisions about 31 49. Debt appropriation order 32 50. Debt appropriation order, content and service of 32 51. Debt appropriation order, effect of 33 52. Third person's obligations 35 53. Third person entitled to expenses of obeying order 36 54. Third person may object to appropriation order 36 55. Objection to appropriation order, consequences of 37 56. Debt appropriation order, failure to obey 38 57. Debt appropriation order, effect of obeying 38 58. Money in court due to a judgment debtor, appropriation of 39 Division 6 — Seizing and selling a judgment debtor's property Subdivision 1 — General 59. Property (seizure and sale) order 39 60. Property (seizure and sale) order, content and service of 40 61. Receipt of order to be recorded by sheriff 40 62. Property (seizure and sale) order, duration of 40 63. Determining a judgment debtor's interest in property 41 64. Personal property to be sold in preference to real property 42 65. Only sufficient property to be sold 42 66. Seized property, sheriff to determine fair value of 43 67. Interests of others 43 68. Sale to be advertised 44 69. Place and manner of sale 44 70. Transfers of property sold, sheriff may sign 45 71. Purchasers of property sold, protection of 45 72. Proceeds of sale, how to be applied 46 73. Priority of orders, establishing 48 Subdivision 2 — Seizing and selling personal property 74. Property (seizure and sale) order, effect of 49 75. Seizing personal property, powers enabling 50 76. Property that cannot be seized and sold 51 77. Seizure notice to be issued 52 78. Custody of seized property 52 79. Cheques etc., consequences of seizing 53 Subdivision 3 — Seizing and selling real property 80. Property (seizure and sale) order, effect of 53 81. Power of entry 55 82. Judgment debtor may be permitted to sell or mortgage real property 56 Subdivision 4 — Interpleader 83. Making a claim to property 58 84. Judgment creditor may admit or dispute claim 58 Division 7 — Receivers and special remedies 85. Term used: available asset 59 86. Appointing a receiver, injunctions etc. 59 87. Receiver, appointment of etc. 60 Division 8 — Disobeying time for payment orders and instalment orders 88. Summons to default inquiry, request for 61 89. Default inquiry, summons to attend 62 90. Default inquiry, nature of 63 91. Imprisonment for default, judgment creditor's duties 65 92. Imprisonment for default, release from 66 Division 9 — Miscellaneous 93. Judgments against objects 67 Part 5 — Enforcing non‑monetary judgments Division 1 — Judgments requiring property to be given up 94. Application of this Division 68 95. Property (seizure and delivery) order 68 96. Property (seizure and delivery) order, effect of 69 Division 2 — Other non‑monetary judgments 97. Application of this Division 70 98. Disobeying judgment is a contempt of court 70 99. Court may order act to be done at expense of obligated person 71 Part 6 — Miscellaneous enforcement provisions 100. Personal property on land, powers to deal with 72 101. Signing of documents, court may order 72 102. Duration and renewal of orders and warrants 73 103. Amending and cancelling orders etc. 73 104. Directions, court may give 74 105. Irregular enforcement, courts' powers as to 75 Part 7 — Administrative matters Division 1 — Officers 106. Terms used 76 107. Bailiffs, appointment of 76 108. Assistant bailiffs, appointment of 77 109. Sheriff may delegate to bailiffs 78 110. Bailiffs' functions 79 111. Protection from liability 79 Division 2 — Provisions about the sheriff 112. Sheriff unable to act, court's powers 80 113. Sheriff exempt from some fees 80 114. Sheriff entitled to access to some official records 80 115. Sheriff exempt from some licensing requirements 81 Part 8 — Miscellaneous 116. Protection of person acting under sealed court order 82 117. Sheriff and bailiffs to carry out orders 82 118. Impersonating an officer, offence of 82 119. Regulations 82 120. Fees, regulations may prescribe 83 121. Rules of court 84 122. Validation of certain fees imposed 85 Schedule 1 — Provisions about available debts 1. Financial institution accounts in name of judgment debtor 86 2. Debts owed to judgment debtor and others jointly 87 3. Available debts, court may exempt certain portions 87 4. Debts payable on conditions 88 Notes Compilation table 89 Other notes 90 Defined terms Western Australia Civil Judgments Enforcement Act 2004 An Act to provide for the enforcement of judgments given in the civil jurisdiction of courts and for related matters. Part 1 — Preliminary 1. Short title This Act may be cited as the Civil Judgments Enforcement Act 2004. 2. Commencement This Act comes into operation on a day fixed by proclamation. 3. Terms used In this Act, unless the contrary intention appears — assistant bailiff means a person who holds an appointment under section 108 as an assistant bailiff; available debt has the meaning given by section 46; bailiff means a person who holds an appointment under section 107 as a bailiff; corporation has the meaning given by section 57A of the Corporations Act 2001 of the Commonwealth; court has a meaning affected by sections 5 and 9; debt appropriation order means an order made under section 49(2); default inquiry means an inquiry held under Part 4 Division 8; deputy sheriff means a deputy appointed by the sheriff under the Supreme Court Act 1935 section 158; dwelling means — (a) a building, structure or tent, or a part of a building structure or tent, that is ordinarily used for human habitation; or (b) a mobile home, and it does not matter that it is uninhabited from time to time; earnings has the meaning given by section 4; earnings appropriation order means an order made under section 35(2); enforcement costs, of a judgment, means — (a) any fees, expenses, or other amounts, that are paid, ordered to be paid, or payable, under this Act or another written law in connection with enforcing the judgment; and (b) any costs of taking, or in relation to, any proceedings under this Act to enforce the judgment that are ordered by a court to be paid by the person against whom the judgment is given; enforcement officer means the sheriff, a deputy sheriff, a bailiff, an assistant bailiff, or a person appointed under section 112; instalment order means an order made under section 33(2); interpleader proceedings means proceedings held under Part 4 Division 4; judgment means — (a) a monetary judgment; or (b) a judgment or an order of a court that requires or has the effect of requiring a person — (i) to give possession of any property to another person; or (ii) to do an act, to not do an act, or to cease doing an act; judgment creditor means a person who is entitled to the benefit of a monetary judgment, including a person to whom the benefit of a monetary judgment has passed (by assignment or any other way); judgment debt means the unpaid amount of any of the following — (a) a judgment sum; (b) interest on the judgment sum; (c) enforcement costs of the judgment; judgment debtor means any person against whom a monetary judgment has been given or may be enforced; judgment sum means the amount of money ordered to be paid under a monetary judgment, whether or not the money is or includes costs or pre‑judgment interest; means inquiry means an inquiry held under Part 4 Division 2; mobile home means a vehicle — (a) that is ordinarily used for human habitation; and (b) that is permanently or semi‑permanently stationary in a single location; monetary judgment means a judgment or an order of a court that requires or has the effect of requiring a person to pay money, whether or not the judgment or order contains any other requirements; officer, of a corporation, has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth; partnership means a partnership within the meaning of the Partnership Act 1895 or an unincorporated company or association formed for the purposes of gain; personal property does not include any estate or interest in land; place means any land, building, structure, tent or vehicle, or any part of any land, building, structure, tent or vehicle; property (seizure and delivery) order means an order made under section 95(2); property (seizure and sale) order means an order made under section 59(2); real property includes a leasehold and any other estate or interest in land; record means any thing or process — (a) upon or by which information is recorded or stored; or (b) by means of which a meaning can be conveyed by any means in a visible or recoverable form, whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning; saleable interest, in real or personal property, has the meaning given by section 74(1) or 80(1), as the case requires; sheriff means the sheriff referred to in the Supreme Court Act 1935 section 156; suspension order means an order made under section 15(3); time for payment order means an order made under section 32(2); vehicle means any thing capable of transporting people or things by road, rail or water, including a hovercraft, and it does not matter how the thing is moved or propelled. 4. Term used: earnings In this Act earnings, of a natural person, means money that is or will be payable to the person for or in relation to services provided by the person by way of — (a) wages, salary, commissions, fees, bonuses, overtime pay, leave loadings, payments in lieu of leave, or otherwise; (b) an annuity or pension for or in relation to past services, whether or not the services were provided to the person paying the annuity; (c) periodical payments of compensation for — (i) the loss, abolition or relinquishment of, or any reduction in the remuneration of, any office or employment; or (ii) the loss of the money referred to in paragraph (a) because of illness or injury, whether at work or not, but does not include the following — (d) money payable to the person under a child maintenance order made under the Family Court Act 1997; (e) money payable to the person under a child maintenance order made under the Family Law Act 1975 of the Commonwealth; (f) money payable to the person under the Child Support (Registration and Collection) Act 1988 of the Commonwealth; (g) money payable to the person under the Child Support Assessment Act 1988 of the Commonwealth 1; (h) a pension, benefit or allowance payable to the person under — (i) the Social Security Act 1991 of the Commonwealth; or (ii) the Veterans' Entitlements Act 1986 of the Commonwealth; (i) money payable to the person that is prescribed not to be earnings for the purposes of this Act. 5. Judgments to which this Act applies This Act applies to and in respect of any judgment given by any of the following courts in the exercise of its civil jurisdiction — (a) the Supreme Court; (b) the District Court; (c) the Magistrates Court. 6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 6A inserted: No. 20 of 2013 s. 35.] 6. Crown bound This Act binds the Crown. 7. Common law writs etc. and rules, application of (1) The writs, warrants and orders that, immediately before the commencement of this Act, could be issued or made at common law or in equity or under a written law — (a) to enforce or execute a judgment of a court; or (b) in aid of a writ, warrant or order to enforce or execute a judgment of a court, are abolished. (2) The rules at common law or in equity applicable to or in relation to a writ, warrant or order that is abolished by subsection (1) and that is substantially similar to an order that may be made under this Act, apply to or in relation to the order that may be made under this Act so far as they are consistent with this Act. Part 2 — Interest on judgment sums 8. Interest on judgment sums (1) Interest is to be paid on the unpaid amount of a judgment sum from the date of the judgment until the date on which the judgment sum is paid — (a) at the rate prescribed by the regulations; or (b) at the rate set by the court in the judgment or by an order made after the judgment is given. (2) Subsection (1) applies whether or not — (a) a suspension order has been made; or (b) a time for payment order or an instalment order has been made, unless the court that made such an order orders otherwise. (3) The judgment creditor may waive the payment of the whole or a part of the interest referred to in subsection (1). (4) A judgment creditor who waives interest under subsection (3) must advise the court of the fact when applying for an enforcement order under Part 4. (5) Subsection (1) does not apply to — (a) a judgment that is registered under section 105(1) of the Service and Execution of Process Act 1992 of the Commonwealth; or (b) a judgment sum on which interest is payable under another written law. Part 3 — Provisions applying to all judgments Division 1 — Procedural matters 9. Applying to a court under this Act (1) An application or request that may be made under this Act to a court in relation to a judgment must be made — (a) to the court that gave the judgment; and (b) at the registry of that court where the documents relating to the action or matter in which the judgment was given are being held, unless the court gives permission for the application or request to be made at another registry. (2) An application or request that may be made under this Act must be made in accordance with the regulations. (3) Rules of court made by a court referred to in section 5 may prescribe applications and requests that, when made to the court under this Act, may be dealt with by an officer of that court, other than an officer who may constitute the court, who is prescribed by the rules for that purpose. (4) A person who is dissatisfied by a decision of an officer of a court, who is prescribed under subsection (3), made on an application or request dealt with by the officer may apply to the court for a review of the decision. (5) The application under subsection (4) must be made — (a) in accordance with rules of court made by the court; and (b) within 21 days after the date of the officer's decision. (6) The court may extend the 21 day period and may do so even if it has expired. (7) The review is to be by way of a new hearing of the issue that was before the officer. (8) On the review the court may confirm the officer's decision or set it aside and make any decision that the officer could have made, and may do so on terms as to costs or otherwise. 10. Costs of proceedings under this Act The court in which proceedings under this Act are taken in relation to a judgment may make any order as to and incidental to the costs of taking, or the costs in relation to, the proceedings that it could make as to and incidental to costs in civil proceedings before the court. Division 2 — General 11. When judgments have effect (1) A judgment has effect — (a) at the time it is given; or (b) if it provides, or the court giving it orders, that it has effect from an earlier or later time, at that time. (2) Subject to sections 12 and 13, an application for an order under this Act to enforce a judgment may be made at any time after it has effect. (3) The commencement of an appeal against a judgment does not affect subsection (1). (4) This section does not limit the operation of Division 3. 12. Limitation period for enforcement An order under this Act to enforce a judgment that takes effect after the commencement of this Act must not be made if 12 years have elapsed since the judgment took effect. 13. Court's leave to enforce needed in some cases (1) Leave of the court must be obtained before an order may be made under this Act to enforce a judgment — (a) if 6 years have elapsed since the judgment took effect; or (b) if the order in the judgment that a person seeks to enforce is subject to the fulfilment of a condition; or (c) if the property that is proposed for seizure under the order to satisfy the judgment is in the hands of a receiver; or (d) if the person seeking to enforce the judgment was not personally a party to the case in which the judgment was given; or (e) if the person liable to satisfy the judgment was not personally a party to the case in which the judgment was given, unless section 14(2)(b) applies to the person; or (f) if the judgment is against a partnership and is sought to be enforced against a person to whom section 14(2)(b) does not apply; or (g) if the judgment is given in a case between — (i) partnerships having one or more partners in common; or (ii) a partnership and one or more of its partners; or (h) if the judgment is against a corporation and is sought to be enforced against one or more officers or shareholders of the corporation. (2) On an application for leave under subsection (1), the court — (a) may give leave if it is satisfied that the person seeking to enforce the judgment is entitled to do so and that the person against whom the order is sought is liable to satisfy the judgment; and (b) may order the trial of any issue that needs to be decided in order to determine if the judgment may be enforced and, if it may be enforced, by whom and against whom; and (c) may do so on terms as to costs or otherwise. (3) On an application for leave under subsection (1)(g) the court may order accounts to be taken and inquiries to be made. 14. Partnerships, enforcement against (1) Unless it is made for the purpose of enforcing a judgment against the partnership itself, an enforcement order must not be made under Part 4 in respect of any available debt in relation to, or any property of, a partnership. (2) If a judgment in a case is given against a partnership, an order to enforce the judgment may be made under Part 4 or 5 — (a) against the partnership or in respect of any available debt in relation to, or any property of, the partnership; or (b) without the court's leave, against a person who — (i) was served as a partner with the writ or other document commencing the case, or with notice of the writ or document, but who did not enter an appearance; or (ii) entered an appearance in the case as a partner; or (iii) admitted in the case to being a partner; or (iv) was adjudged in the case to be a partner; or (c) with the court's leave, against a person who is a partner but to whom paragraph (b) does not apply. (3) Section 13(2) applies to an application for leave under this section. (4) If under Part 4 or 5 an order is made under which any property of a partnership may be sold or foreclosed, the order must include liberty for the other partner or partners at any time to purchase or redeem the property. Division 3 — Suspending the enforcement of judgments 15. Suspension order (1) A person against whom a judgment is given may apply for an order suspending the enforcement of all or part of the judgment to — (a) the court that gave the judgment; or (b) a court that is dealing with an appeal against the judgment. (2) The court may deal with such an application in the absence of the person entitled to the benefit of the judgment if it is just to do so. (3) On such an application, the court may only make such an order if there are special circumstances that justify doing so. (4) A suspension order may be made for any period (including an indefinite period) and may be made on terms as to costs or otherwise. (5) When or after making a suspension order the court may make any necessary ancillary or consequential order including an order — (a) that a means inquiry, default inquiry or interpleader proceedings be adjourned; (b) that a means inquiry or default inquiry not be held for such period as the court specifies; (c) as to the operation or effect of any order that has been made under Part 4 or 5 or section 101; (d) that a person imprisoned under section 90 or 98 for a contempt of court be released from prison for such period and on any terms that the court specifies; (e) that prohibits or restricts dealings with a judgment debtor's property, or the payment of debts owed to a judgment debtor, while the suspension order has effect. 16. Suspension order, effect of (1) A suspension order has effect according to its contents. (2) While a suspension order has effect — (a) the enforcement of the judgment is suspended to the extent stated in the order; (b) any order that has been made under Part 4 or 5 or section 101 has effect subject to the suspension order and any order made under section 15(5). (3) To the extent that a suspension order suspends the enforcement of a judgment, the order is to be taken for all purposes to be a stay of the execution of the judgment to that extent. Part 4 — Enforcing monetary judgments Division 1 — General 17. Term used: enforcement order In this Part, unless the contrary intention appears — enforcement order means — (a) a time for payment order made under section 32; or (b) an instalment order made under section 33; or (c) an earnings appropriation order made under section 35; or (d) a debt appropriation order made under section 49; or (e) a property (seizure and sale) order made under section 59; or (f) an order made under section 86. 18. Enforcement orders, applicability of (1) An enforcement order, other than an earnings appropriation order, may be made in respect of any person, whether a natural person, a partnership, or a corporation. (2) An earnings appropriation order may only be made in respect of a natural person. 19. Enforcement orders, application for etc. (1) A judgment creditor may apply to a court for an enforcement order for the purpose of satisfying a judgment debt owed to the judgment creditor. (2) Subject to section 21, an application for an enforcement order may be made whether or not previously a means inquiry has been held or an enforcement order has been made. (3) Subject to section 21, an application for an enforcement order may be made without notifying the judgment debtor or any person to whom the order will be addressed, unless the regulations provide otherwise. 20. Enforcement and other orders, making of (1) Subject to section 31, a court may only make an enforcement order in respect of a monetary judgment on the application of the judgment creditor or a person given leave under section 13(1)(d). (2) A court that makes an enforcement order, or any other order, under this Part may do so on terms as to costs or otherwise. (3) When or after making an enforcement order, or any other order, under this Part the court may make any necessary ancillary or consequential order and may do so on terms as to costs or otherwise. 21. Certain orders only available at or after means inquiry (1) The following enforcement orders — (a) a time for payment order; (b) an instalment order; (c) an earnings appropriation order, may only be made in respect of a judgment debtor at or, subject to section 31(4), after a means inquiry in respect of the judgment debtor. (2) In making an order referred to in subsection (1) in respect of a judgment debtor who is a natural person, the court should ensure that the order does not impose unreasonable obligations on the judgment debtor having regard to the judgment debtor's means to satisfy the judgment. 22. More than one enforcement order, applications for (1) If an enforcement order is in effect against a judgment debtor in respect of a monetary judgment, the judgment creditor may apply for one or more additional enforcement orders against the debtor in respect of the judgment. (2) On such an application, a court must not make an additional enforcement order against the judgment debtor in respect of the monetary judgment unless it is satisfied that the additional order — (a) will not impose unreasonable obligations on the judgment debtor having regard to the judgment debtor's means to satisfy the judgment; and (b) is justified having regard to the one or more enforcement orders already in effect. 23. Multiple enforcement orders, effect of (1) This section applies if, as a result of 2 or more monetary judgments given against one person, the person at one time is liable to pay 2 or more judgment debts, irrespective of whether the judgment creditor under each monetary judgment is the same person. (2) If 2 or more time for payment orders are in effect at one time in respect of the separate monetary judgments, each order has effect according to its contents. (3) If 2 or more instalment orders are in effect at one time in respect of the separate monetary judgments, the orders have effect concurrently. (4) If 2 or more debt appropriation orders addressed to the same third person are in effect at one time in respect of the separate monetary judgments, the orders have effect consecutively according to when they are served on the third person. (5) If 2 or more property (seizure and sale) orders are in effect at one time in respect of the separate monetary judgments, the orders have effect according to Division 6. 24. Money recovered, judgment creditor's duties as to (1) A judgment creditor who receives or recovers money in respect of a judgment debt, whether or not under an enforcement order, must apply the money so as to discharge — (a) firstly, the judgment sum; and (b) secondly, any interest due to the judgment creditor on the judgment sum; and (c) thirdly, any enforcement costs in connection with the judgment. (2) If requested to do so by — (a) a registrar of the court that gave the judgment; or (b) the sheriff, if an enforcement order in respect of the judgment has been issued and addressed to the sheriff, a judgment creditor must, within 7 days after receiving the request, give the person who made the request an account showing — (c) the judgment sum; and (d) any interest due on the judgment sum; and (e) the enforcement costs in connection with the judgment; and (f) money received or recovered by the judgment creditor in satisfaction of the judgment debt; and (g) the amount of the judgment debt at the time the account is given. (3) A person who contravenes a request made under subsection (2) is guilty of a contempt of court. 25. Excess money recovered, consequences If a judgment creditor receives or recovers an amount in excess of the amount required to satisfy the judgment debt the judgment creditor holds the excess on trust for the judgment debtor. Division 2 — Means inquiry 26. Means inquiry, nature of A means inquiry in respect of a judgment debtor is an inquiry conducted before a court in order to determine — (a) the judgment debtor's means to pay the judgment debt having regard to the income, assets and liabilities of the judgment debtor and, if applicable, his or her spouse or de facto partner and any dependents of the judgment debtor and his or her spouse or de facto partner; and (b) whether there are or will be any earnings of the judgment debtor that might be appropriated to satisfy the judgment debt and, if there are, the net earnings for the purpose of Division 4; and (c) whether there is or will be any available debt that might be appropriated to satisfy the judgment debt; and (d) the existence and whereabouts and value of any property of the judgment debtor that might be seized and sold to satisfy the judgment debt. 27. Means inquiry, application for by judgment creditor (1) A judgment creditor may apply for a means inquiry to be held in respect of the judgment debtor. (2) Such an application may be made whether or not previously a means inquiry has been held or an enforcement order has been made. (3) Such an application must — (a) if the judgment debtor is a natural person, contain his or her name and address; and (b) if the judgment debtor is a partnership, contain the name and address of a partner; and (c) if the judgment debtor is a corporation, contain the name and address of an officer of the corporation; and (d) contain the name and address of any other person who the judgment creditor thinks should be summoned to the inquiry to give or produce evidence; and (e) for each such person indicate whether a summons under section 29(1)(a) or (b) or both is required. (4) On receiving such an application the court must set a date for the means inquiry and notify the judgment creditor of it. 28. Means inquiry, application for by judgment debtor (1) A judgment debtor who applies for a suspension order on the grounds that the debtor is unable to pay the judgment debt may apply for a means inquiry to be held in respect of the judgment debtor. (2) Such an application may be made whether or not previously a means inquiry has been held or an enforcement order has been made. (3) Such an application must be served on the judgment creditor. (4) A judgment creditor who is served with such an application may request the court to issue a summons to a person who the judgment creditor thinks should be summoned to the inquiry to give or produce evidence. (5) Such a request must — (a) contain the name and address of each person to be summoned; and (b) for each such person indicate whether a summons under section 29(1)(a) or (b) or both is required. (6) On receiving an application made under subsection (1) the court must set a date for the means inquiry and notify — (a) the judgment debtor and judgment creditor of the date; and (b) notify the judgment debtor of the duties in section 30(3). 29. Means inquiry, summons to attend (1) In respect of each person named in an application under section 27(3), or in a request under section 28(5), or in a request made under subsection (2), the court may issue either or both of the following, according to the application or request — (a) a summons to attend a means inquiry to give oral evidence; (b) a summons to attend and produce to the court, for use in the inquiry, any record or thing that is or may relate to the matters listed in section 26 and that is detailed in the summons. (2) During a means inquiry the judgment creditor or judgment debtor may request the court to summons a person to the inquiry to give or produce evidence. (3) A summons issued under subsection (1) must be served personally. (4) If a person who has been summoned under subsection (1) does not attend as ordered by the summons, the court may issue a warrant to have the person arrested and brought before the court. (5) A person who has been summoned under subsection (1) and who, without a reasonable excuse — (a) does not obey the summons; or (b) refuses to be sworn or answer any lawful question, is guilty of a contempt of court. 30. Means inquiry, conduct of [(1) deleted] (2) At a means inquiry the court is to determine the matters listed in section 26. (3) At a means inquiry held on the application of a judgment debtor the judgment debtor must produce to the court all records that relate to the matters listed in section 26 and that are in the possession or under the control of the judgment debtor. (4) A judgment debtor who contravenes subsection (3) is guilty of a contempt of court. (5) A court may adjourn a means inquiry. (6) At a means inquiry in the Magistrates Court a person who is not a legal practitioner and who is an employee of, or under the control or direction of — (a) the judgment creditor; or (b) the judgment creditor's legal practitioner, may appear on behalf of the judgment creditor, despite the Legal Profession Uniform Law (WA) section 10. (7) A means inquiry in the Magistrates Court may be conducted in the absence of the judgment creditor, the judgment creditor's legal practitioner, and a person referred to in subsection (6), if the judgment creditor, before the inquiry, asks the court to itself examine the judgment debtor for the purposes of determining the matters listed in section 26. (8) At a means inquiry in the Magistrates Court the court, at the request of the judgment creditor made before or at the inquiry, may itself examine the judgment debtor for the purposes of determining the matters listed in section 26. [Section 30 amended: No. 5 of 2008 s. 8; No. 21 of 2008 s. 645; No. 9 of 2022 s. 336.] 31. Orders at or after a means inquiry (1) At a means inquiry the court, having regard to the matters listed in section 26 that it has determined, may — (a) make any enforcement order that is just, whether or not the judgment creditor has applied for the order; or (b) make a suspension order on the application of the judgment debtor. (2) After a means inquiry has been held, the judgment creditor may apply for — (a) a time for payment order; or (b) an instalment order; or (c) an earnings appropriation order. (3) On receiving such an application the court must set a date for hearing the application, notify the judgment creditor of it and issue a summons to the judgment debtor requiring the debtor to appear before the court and to say why the order applied for should not be made. (4) On the hearing of the application, the court, having regard to the matters listed in section 26 that it has determined at the means inquiry, may make the order sought by the judgment creditor, or some other enforcement order, if — (a) the court is satisfied that there has not been a material change in those matters since the inquiry; or (b) the judgment debtor, having been summoned, does not attend. Division 3 — Orders for payment 32. Time for payment order (1) In order to recover a judgment debt, a judgment creditor may apply to the court for an order, addressed to the judgment debtor, that orders the debtor to pay the judgment debt — (a) immediately; or (b) on or before a date set by the court. (2) The court may make such an order, subject to sections 21 and 22. 33. Instalment order (1) In order to recover a judgment debt, a judgment creditor may apply to the court for an order, addressed to the judgment debtor, that orders the debtor to pay the judgment debt by instalments of amounts and at times set by the court in the order. (2) The court may make such an order, subject to sections 21 and 22. Division 4 — Appropriating a judgment debtor's earnings 34. Terms used In this Division, unless the contrary intention appears — net earnings, in relation to a judgment debtor, means the total amount of the judgment debtor's earnings from any person less all amounts required to be deducted, before the payment of those earnings to the judgment debtor, under a law of the Commonwealth or another written law; third person, in relation to an earnings appropriation order, means the person to whom the order is addressed. 35. Earnings appropriation order (1) In order to recover a judgment debt, a judgment creditor may apply to the court for an order requiring a person who is liable to pay earnings to the judgment debtor to pay a portion of those earnings to the judgment creditor at the time or times when the balance of the earnings is paid to the judgment debtor. (2) The court may make such an order, subject to sections 18(2), 21 and 22 and this section. (3) An earnings appropriation order must not be made unless an instalment order has been made in respect of the judgment debt and has been disobeyed and cancelled. (4) An earnings appropriation order must not be made against a judgment debtor in respect of a monetary judgment if another earnings appropriation order against the judgment debtor is in effect, whether in respect of that judgment or another monetary judgment. (5) An earnings appropriation order must not be addressed to more than one person who is liable to pay earnings to the judgment debtor. (6) Despite any other law, an earnings appropriation order may be made in respect of any earnings owed by the State to the judgment debtor. (7) If an earnings appropriation order is in effect in relation to a judgment debtor, a subsequent earnings appropriation order made in respect of the same judgment debtor in respect of another monetary judgment and addressed to the same person to whom the first order is addressed has no effect. 36. Earnings appropriation order, content and service of (1) An earnings appropriation order must — (a) be addressed to the person who is liable to pay earnings to the judgment debtor and who will be bound by the order; and (b) state the name and address of the judgment debtor and the judgment creditor; and (c) identify the earnings to which the order applies; and (d) state the judgment debt as at the date of the order; and (e) order the third person to pay the judgment creditor from the earnings a stated amount or amounts; and (f) state when the amount or amounts are to be paid; and (g) contain any other information that is prescribed by the regulations. (2) The judgment creditor must serve the earnings appropriation order on the third person in accordance with the regulations. 37. Earnings appropriation order, effect of (1) An earnings appropriation order takes effect when it is served on the third person. (2) An earnings appropriation order has effect according to its contents. (3) An earnings appropriation order ceases to have effect — (a) when the third person is notified of the fact by the court or the judgment creditor; or (b) when the third person becomes aware that an objection has been allowed under section 41; or (c) when the judgment debt is satisfied; or (d) when an order cancelling it has effect under section 103, whichever happens first. (4) If an earnings appropriation order ceases to have effect or the judgment debt to which it relates is satisfied, the judgment creditor must immediately notify the third person. Penalty: Imprisonment for 12 months. 38. Third person's obligations (1) A third person who — (a) pays an amount to the judgment creditor under an earnings appropriation order; or (b) retains an amount under section 39, must give the judgment debtor a written notice containing details of the amounts. (2) A person who knowingly makes a statement in a notice given under subsection (1) that is false or misleading in a material particular commits an offence. Penalty: Imprisonment for 12 months. 39. Third person entitled to expenses of obeying order A third person who obeys an earnings appropriation order — (a) is entitled to the reasonable expenses (not exceeding the prescribed amount) of doing so; and (b) may retain an amount equal to those expenses from the balance of the earnings due to the judgment debtor after payment of the amount under the earnings appropriation order to the judgment creditor. 40. Third person may object to appropriation order (1) A third person who is served with an earnings appropriation order may object to the order on the grounds that the third person — (a) is not a person who is liable to pay earnings to the judgment debtor; or (b) ceased to be such a person on a date after the order was served. (2) The objection must — (a) be in writing; and (b) state the grounds on which it is made and the facts that support the grounds; and (c) be lodged at the court within 7 days after the day on which the third person — (i) is served with the earnings appropriation order if the objection is made under subsection (1)(a); or (ii) ceases to be a person who is liable to pay earnings to the judgment debtor if the objection is made under subsection (1)(b). (3) The court must serve a copy of the objection on the judgment creditor and judgment debtor. 41. Objection to appropriation order, consequences of (1) A judgment creditor who is served with an objection under section 40(3) may allow the objection. (2) If the judgment creditor does not allow the objection within 7 days after the date of it, either the third person or the judgment debtor may apply to the court for an order that the objection be allowed. (3) Notice of the application and of when and where it will be heard must be given in accordance with the regulations to the person who made the objection and to each person on whom the objection was served. (4) At the hearing of the application, the court may allow or reject the objection. (5) If an objection is allowed under this section, notice of the fact must be given in accordance with the regulations to the person who made the objection and to each person on whom the objection was served. 42. Earnings appropriation order, failure to obey (1) If a third person who is served with an earnings appropriation order — (a) does not obey the order; or (b) does not object to the order under section 40; or (c) objects to the order under section 40 but does not appear at the hearing of the objection, the judgment creditor may apply to the court for an enforcement order for the purposes of recovering from the third person — (d) the amount that was not paid in accordance with the earnings appropriation order; and (e) the costs of obtaining and carrying out the enforcement order. (2) The court may make such an order. (3) For the purposes of subsection (2) this Part applies as if the third person were a judgment debtor and the money to be recovered from the third person were a judgment debt. 43. Earnings appropriation order, effect of obeying (1) Any amount — (a) paid by the third person to the judgment creditor under an earnings appropriation order; or (b) retained by a third person under section 39; or (c) recovered from a third person under section 42, discharges the third person from the obligation to pay the amount to the judgment debtor and is not recoverable from the third person by the judgment debtor. (2) Subsection (1) applies even if, after the amount is paid or recovered — (a) enforcement of the monetary judgment that gave rise to the earnings appropriation order is suspended; or (b) the monetary judgment is set aside or reversed. 44. Employees, protection of (1) If an employer, on the ground that an earnings appropriation order has been served on the employer in respect of the earnings of an employee, treats the employee less favourably than in the same circumstances, or in circumstances that are not materially different, the employer treats or would treat an employee whose earnings are not the subject of such an order, the employer commits an offence. Penalty: $5 000. (2) If — (a) an employer is charged with an offence under subsection (1) that is alleged to have been committed within 6 months after the employer was served with the earnings appropriation order concerned; and (b) all of the elements of the offence are proved except the grounds for the employer's treatment of the employee, the onus of proving that the grounds for the employer's treatment of the employee were not that the earnings appropriation order has been served on the employer is on the employer. Division 5 — Appropriating debts owed to a judgment debtor 45. Terms used In this Division and Schedule 1, unless the contrary intention appears — account includes — (a) a withdrawable share account or deposit account; and (b) any record of a subscription for withdrawable shares or of a deposit; appropriated debt means an available debt, or the portion of an available debt, to which a debt appropriation order applies; financial institution means — (a) an ADI (authorised deposit‑taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth; or (b) a bank constituted by a law of a State, a Territory or the Commonwealth; or (c) a co‑operative registered under the Co‑operatives Act 2009 that is permitted under that Act to accept money on deposit; or [(d) deleted] (e) an investment fund or corporation; third person, in relation to a debt appropriation order, means the person to whom the order is addressed. [Section 45 amended: No. 17 of 2005 s. 20; No. 24 of 2009 s. 507 and 512.] 46. Available debt in relation to a judgment debtor (1) An available debt in relation to a judgment debtor is any obligation on the part of a person to pay money to the debtor alone, or to the debtor jointly with another or others, which obligation, at the time a debt appropriation order is made — (a) is current and unconditional, irrespective of whether the money or any part of it is payable at some future time; or (b) will arise on the fulfilment of one or more conditions under — (i) an existing agreement or trust; or (ii) the will of a deceased person; or (iii) an issued share or other marketable security; or (c) may arise in respect of an existing cause of action; or (d) is imposed by a written law and is likely to arise as a result of an event that has occurred. (2) The following are not available debts in relation to a judgment debtor — (a) earnings that are or may be payable to the debtor; (b) money standing to the credit of the debtor in a court; (c) money that is payable to the debtor as a trustee and in which the debtor does not have a beneficial interest, unless the judgment concerned was given against the debtor as that trustee. 47. Workmen's Wages Act 1898, application of This Division is subject to the Workmen's Wages Act 1898 section 6 2. 48. Available debts, provisions about Schedule 1 has effect. 49. Debt appropriation order (1) In order to recover a judgment debt, a judgment creditor may apply to the court for an order requiring a person who owes or will or may owe an available debt to the judgment debtor alone or to the judgment debtor jointly with another or others to pay — (a) the whole amount of the available debt; or (b) such of the available debt as will satisfy the judgment debt, to the judgment creditor at the time or times when the available debt would otherwise be paid to the judgment debtor. (2) The court may make such an order, subject to sections 20(1) and 22. (3) When or after making a debt appropriation order, the court may make an order under Schedule 1 clause 2, 3 or 4. (4) A debt appropriation order may apply to more than one available debt that is or will be or may be owed by one person to the judgment debtor alone or to the judgment debtor jointly with another or others. (5) Despite any other law, a debt appropriation order may be made in respect of any available debt owed by the State to the judgment debtor. 50. Debt appropriation order, content and service of (1) A debt appropriation order is to — (a) be addressed to the person who owes or will or may owe the available debt; and (b) state the name and address of the judgment debtor and the judgment creditor; and (c) state the judgment debt as at the date of the order; and (d) identify the available debt to which the order applies; and (e) if the available debt is, will be or may be owed to the judgment debtor jointly with another or others, state the portion of the available debt to which the order applies; and (f) order the third person to pay the judgment creditor — (i) the whole of the appropriated debt; or (ii) such of the appropriated debt as will satisfy the judgment debt, as the case requires, after retaining any amount to which the third person is entitled under section 53(1); and (g) contain any other information that is prescribed by the regulations. (2) The judgment creditor must serve the debt appropriation order on the third person in accordance with the regulations. 51. Debt appropriation order, effect of (1) A debt appropriation order takes effect when it is served on the third person. (2) A debt appropriation order has effect according to its contents subject to — (a) Schedule 1 clause 2 and any order made under that clause; and (b) any order made under Schedule 1 clause 3; and (c) any order made under Schedule 1 clause 4. (3) If an appropriated debt is payable to the judgment debtor in full at one time, the third person must pay the full debt to the judgment creditor — (a) if the debt is due and payable to the judgment debtor at the time the order is made — within 7 days after the day on which the debt appropriation order is served on the third person; or (b) in any other case — within 7 days after the day on which the appropriated debt becomes due and payable to the judgment debtor. (4) If an appropriated debt is payable to the judgment debtor in 2 or more instalments, the third person must pay each instalment to the judgment creditor — (a) if any instalment is due and payable to the judgment debtor at the time the order is made — within 7 days after the day on which the debt appropriation order is served on the third person; or (b) in any other case — within 7 days after the day on which the instalment becomes due and payable to the judgment debtor. (5) If a debt appropriation order relates to the whole or a part of an amount standing to the credit of a judgment debtor in an account with a financial institution, the order, while it is in effect, has effect as an irrevocable demand for payment, or an irrevocable notice of withdrawal, made to the institution — (a) under the contract between the judgment debtor and the institution in respect of the account; and (b) on — (i) the date when the order is served on the institution; or (ii) if the judgment debtor is not entitled under the contract to make a demand for payment or give notice of withdrawal on that date — the date on which the judgment debtor would, but for the order, have become so entitled. (6) A debt appropriation order ceases to have effect — (a) when the third person is notified of the fact by the court or the judgment creditor; or (b) when the third person is notified that an objection has been allowed under section 55; or (c) when the judgment debt is satisfied; or (d) when an order cancelling it has effect under section 103, whichever happens first. (7) If a debt appropriation order ceases to have effect or the judgment debt to which it relates is satisfied, the judgment creditor must immediately notify the third person. Penalty: Imprisonment for 12 months. 52. Third person's obligations (1) If — (a) a third person is served with a debt appropriation order; and (b) the appropriated debt under the order, or any part of it — (i) is not or will not be or may not be due and payable until more than 7 days after the day on which the order is served; or (ii) will not be due and payable until a condition is fulfilled, the third person must within 7 days after the day on which the order is served give the judgment creditor a written notice stating — (c) the date on which the appropriated debt, or any part of it, is or will be or may be due and payable; and (d) the amount of the appropriated debt if that amount is less than the judgment debt. (2) A third person who — (a) pays an amount to the judgment creditor under a debt appropriation order; or (b) retains an amount under section 53(1), must give the judgment debtor a written notice containing details of the amounts. (3) A person who knowingly makes a statement in a notice given under subsection (1) or (2) that is false or misleading in a material particular commits an offence. Penalty: Imprisonment for 12 months. 53. Third person entitled to expenses of obeying order (1) A third person who obeys a debt appropriation order is entitled to the reasonable expenses (not exceeding the prescribed amount) of doing so. (2) A third person may recover an amount equal to the expenses referred to in subsection (1) — (a) if the debt appropriation order relates to the whole of the available debt — by retaining the amount from the available debt before paying the balance of it to the judgment creditor; (b) if the debt appropriation order relates to a part of the available debt — by retaining the amount — (i) firstly, from the balance of the available debt that would remain after paying the appropriated debt to the judgment creditor; and (ii) secondly and if necessary, from the appropriated debt before paying the balance of the appropriated debt to the judgment creditor. 54. Third person may object to appropriation order (1) A third person who is served with a debt appropriation order may object to the order on one or more of these grounds — (a) that a person other than the judgment debtor and the judgment creditor owns or has a claim on or interest in the appropriated debt; (b) that the appropriated debt does not and will not exist; (c) that the third person has an unsatisfied monetary judgment against the judgment creditor or the judgment debtor. (2) The objection must — (a) be in writing; and (b) state the grounds on which it is made and the facts that support the grounds; and (c) be lodged at the court within 7 days after the day on which the third person is served with the debt appropriation order. (3) The court must serve a copy of the objection on — (a) the judgment creditor; and (b) the judgment debtor; and (c) any other person whom the third person claims owns or has a claim on or interest in the appropriated debt. (4) A civil action does not lie against a third person who has made an objection under this section in respect of the disclosure of any information in the objection, if the disclosure was reasonable in the circumstances. 55. Objection to appropriation order, consequences of (1) A judgment creditor who is served with an objection under section 54(3) may allow the objection. (2) If the judgment creditor does not allow the objection within 7 days after the date of it, any of — (a) the third person; or (b) the judgment debtor; or (c) any other person whom the third person claims owns or has a claim on or interest in the appropriated debt, may apply to the court for an order that the objection be allowed. (3) Notice of the application and of when and where it will be heard must be given in accordance with the regulations to the person who made the objection and to each person on whom the objection was served. (4) At the hearing of the application, the court may allow or reject the objection. (5) If an objection is allowed under this section, notice of the fact must be given in accordance with the regulations to the person who made the objection and to each person on whom the objection was served. 56. Debt appropriation order, failure to obey (1) If a third person who is served with a debt appropriation order — (a) does not obey the order; or (b) does not object to the order under section 54; or (c) objects to the order under section 54 but does not appear at the hearing of the objection, the judgment creditor may apply to the court for an enforcement order for the purposes of recovering from the third person — (d) the amount that was not paid in accordance with the debt appropriation order; and (e) the costs of obtaining and carrying out the enforcement order. (2) The court may make such an order. (3) For the purposes of subsection (2) this Part applies as if the third person were a judgment debtor and the money to be recovered from the third person were a judgment debt. 57. Debt appropriation order, effect of obeying (1) Any amount — (a) paid by a third person to the judgment creditor under a debt appropriation order; or (b) recovered by a third person under section 53; or (c) recovered from a third person under section 56, discharges the third person from the obligation to pay the amount to the judgment debtor and is not recoverable from the third person by the judgment debtor. (2) Subsection (1) applies even if, after the amount is paid or recovered — (a) enforcement of the monetary judgment that gave rise to the debt appropriation order is suspended; or (b) the monetary judgment is set aside or reversed. 58. Money in court due to a judgment debtor, appropriation of (1) In order to recover a judgment debt, a judgment creditor may apply to any court in which there is money standing to the credit of the judgment debtor for an order that the money, or so much of it as is sufficient to satisfy the judgment debt, be paid to the judgment creditor. (2) The court may make such an order. (3) On the making of an application under subsection (1), the money in court must not be paid to the judgment debtor until the application is finally determined. Division 6 — Seizing and selling a judgment debtor's property Subdivision 1 — General 59. Property (seizure and sale) order (1) In order to recover a judgment debt, a judgment creditor may apply to the court for an order authorising the sheriff to seize and sell the judgment debtor's property to wholly or partially satisfy the judgment debt. (2) The court may make such an order. 60. Property (seizure and sale) order, content and service of (1) A property (seizure and sale) order must — (a) be addressed to the sheriff; and (b) state the name and address of the judgment debtor and the judgment creditor; and (c) state the judgment debt as at the date of the order; and (d) contain any other information that is prescribed by the regulations. (2) The judgment creditor must serve the property (seizure and sale) order on the sheriff in accordance with the regulations unless the court has given the order to the sheriff. 61. Receipt of order to be recorded by sheriff On receipt of a property (seizure and sale) order the sheriff must record the date and time when it was received. 62. Property (seizure and sale) order, duration of (1) A property (seizure and sale) order ceases to operate — (a) when the judgment debt in relation to which it was made is satisfied; or (b) when under section 102 it ceases to operate; or (c) when an order cancelling it has effect under section 103, whichever happens first. (2) If — (a) a property (seizure and sale) order is registered under the Transfer of Land Act 1893 section 133; and (b) the sale period referred to in that section in respect of the order expires at a time after the order ceases to operate under section 102, the property (seizure and sale) order is to be taken to remain in operation until the sale period expires, despite section 102. (3) If a property (seizure and sale) order ceases to operate before any property seized under it is sold, the property must be released and returned to a person who is entitled to its possession. [Section 62 amended: No. 5 of 2008 s. 9.] 63. Determining a judgment debtor's interest in property (1) In this section — interest, in any property, means any security, charge or lien over, claim on, or right to, the property or any other legal or equitable interest in the property; public authority means a public sector body (within the meaning of the Public Sector Management Act 1994 section 3(1)), a local government, regional local government or regional subsidiary. (2) The powers in this section may only be exercised by the sheriff after receiving a property (seizure and sale) order and for the purpose of determining whether and to what extent a judgment debtor has any saleable interest in any personal or real property that might be sold under the order. (3) The sheriff, in writing, may request any person, other than the judgment debtor, who the sheriff believes on reasonable grounds has or may have an interest in any such property to disclose to the sheriff — (a) the nature of the interest; and (b) if the interest is a security over the property — (i) the amount secured against the property; and (ii) the amount outstanding under the security; and (iii) the amount and rate of interest accruing; and (iv) any change that occurs to the terms of the security; and (c) the amount of money that is owed to the person in relation to the property; and (d) any other information the sheriff considers is or may be relevant to determining the matters in subsection (2). (4) The sheriff, in writing, may request a public authority to disclose to the sheriff the amount of any rates, taxes, service charges, or other amounts, that are due and unpaid in respect of any such real property. (5) A person, other than a public authority, who contravenes a request made under subsection (3) is guilty of a contempt of the court that issued the property (seizure and sale) order. (6) The sheriff may disclose any information about any property that has been obtained by the sheriff to any potential purchaser of the judgment debtor's interest in the property. [Section 63 amended: No. 26 of 2016 s. 39.] 64. Personal property to be sold in preference to real property (1) Under a property (seizure and sale) order, a judgment debtor's saleable interest in any real property must not be sold unless the sheriff is satisfied that the amount that is reasonably likely to be realised from selling the judgment debtor's saleable interest in any personal property under the order will not be sufficient to satisfy the judgment debt. (2) Subsection (1) does not prevent a judgment debtor's saleable interests in real property and in personal property being sold at the same time. 65. Only sufficient property to be sold (1) Under a property (seizure and sale) order, the sheriff must not sell more property than is sufficient, in the sheriff's opinion, to wholly satisfy the judgment debt. (2) Subsection (1) does not prevent the sheriff from making one or more additional sales of property if a sale of property has not been sufficient to satisfy the judgment debt. 66. Seized property, sheriff to determine fair value of (1) Before selling a judgment debtor's saleable interest in personal or real property under a property (seizure and sale) order, the sheriff must take reasonable steps to determine a fair value for the interest. (2) For the purposes of determining a fair value the sheriff may — (a) request the judgment debtor to provide the sheriff with such information relevant to the value of the interest as is known to the debtor or is reasonably capable of being ascertained by the debtor; (b) if the nature and apparent value of the interest is such that it is reasonable to do so, engage a suitably qualified and experienced person to give the sheriff a written valuation of the interest. 67. Interests of others If a person other than the judgment debtor has any legal or equitable interest in any personal or real property in which a judgment debtor has a saleable interest that may be sold under a property (seizure and sale) order, that interest and that of the debtor may be sold together if — (a) the sheriff is of the opinion that such a sale is desirable; and (b) the other person consents in writing; and (c) the sheriff and the other person agree in writing before the sale as to the division of — (i) the expenses of and incidental to the sale or any attempted sale of the property; and (ii) the proceeds of the sale after payment of those expenses. 68. Sale to be advertised (1) The