How to Collect an NCAT Order When You Don't Know What the Debtor Owns
If you have an unpaid NCAT money order but no information about the debtor's bank account, employer, or assets, start by sending an Examination Notice (UCPR Form 51 for an individual or Form 52 for a corporation). The notice asks the debtor to provide information about their finances and assets within a period of at least 28 days; it does not require them to attend court. If they do not comply, you can ask the court for an examination order. Everything else in the enforcement toolkit (garnishee orders, writs for levy) requires you to specify a target. The examination notice is how you find the target.
This is the single biggest stumbling block for self-represented creditors in NSW. You won at NCAT. You registered the order at the Local Court. And now you are staring at a set of enforcement forms that all ask you to name a specific bank, employer, or piece of property — and you have none of that information. The examination notice exists precisely for this situation.
The Decision Tree: Which Tool Depends on What You Know
The enforcement tools available in the NSW Local Court are not alternatives to choose between based on preference. They are sequential steps that depend on what information you have about the debtor.
| What You Know About the Debtor | Best Enforcement Tool | Court Form | Filing Cost |
|---|---|---|---|
| Nothing — no bank, no employer, no property | Examination Notice, then an examination order if needed | Form 51 (individual) or 52 (corporation); Form 53 motion and Form 54 order | No fee for the notice; A$114 standard fee (A$228 corporate) for the Form 53 motion |
| Their employer (name and address) | Garnishee Order for Wages | Form 69 motion; Form 71 order | A$114 standard motion fee (A$228 corporate) |
| Their bank and BSB | Garnishee Order for Debts | Form 69 motion; Form 70 order | A$114 standard motion fee (A$228 corporate) |
| They own identifiable personal property | Writ for Levy of Property | Form 65 motion; Form 66 writ | No filing fee; Sheriff fee A$111 per address and attempt plus 3% of auction proceeds |
| They own real estate in NSW | Get advice on the separate process for enforcing against land | The Small Claims Division writ for levy applies to personal property, not land | Seek current advice on the applicable process and fees |
| They have left NSW | Interstate registration | Service and Execution of Process Act 1992 (Cth) | Depends on the receiving jurisdiction |
Most creditors who do not know the debtor's financial details need to start at row one and work down. The examination notice gives you the information to fill in the rest.
How the Examination Notice Works
An Examination Notice (Form 51 for an individual or Form 52 for a corporation) is sent to the judgment debtor and asks them to provide information and documents about their finances. You do not file it with the court, and there is no filing fee. The notice must give the debtor at least 28 calendar days to respond.
If the debtor does not comply, you can apply for an examination order by filing Form 53 (Notice of motion - examination order); the standard filing fee is A$114 (A$228 for a corporate filer). If the court makes the order, Form 54 requires the debtor to attend an examination. At that hearing, you (or your representative) can ask questions about the debtor's income, bank accounts, employer, real property, vehicles, and other assets. Common questions include:
- Who is your current employer, and what is your take-home pay?
- Which banks do you hold accounts with, and what are the BSB and account numbers?
- Do you own or part-own any real property in NSW or elsewhere?
- Do you own a motor vehicle? What is the registration number?
- Do you receive Centrelink payments? Which ones?
- Do you owe money to anyone else? Are there other judgments against you?
The debtor answers under oath. Lying under oath at an examination hearing is a criminal offence. If the debtor fails to attend after an examination order, you can apply for an arrest warrant using Form 57 (Notice of motion - arrest warrant for examination); Form 58 is the warrant.
What to Do With the Information
Once the examination hearing reveals the debtor's financial position, you are in one of three situations:
The debtor has wages or a bank account with regular deposits. Apply for a garnishee order by filing Form 69 (Notice of motion - garnishee order; A$114 standard filing fee, A$228 for a corporate filer). If granted, the court issues Form 70 for debts such as bank accounts or Form 71 for wages. The bank or employer must comply with the court order and redirect funds as required.
The debtor owns identifiable property worth seizing. Consider a Writ for Levy of Property, but only if the likely proceeds justify the Sheriff's execution fee of A$111 per address plus a 3% levy on auction proceeds and any other expenses. Most household items are exempt. This tool works best when the debtor owns business equipment, an eligible vehicle, or other valuable personal property.
The debtor has no meaningful assets, no employment, and relies on exempt income. The debtor is currently judgment-proof. No enforcement tool will extract money that does not exist. Your judgment remains valid for 12 years from registration, and you can re-examine the debtor later if their circumstances change. This is not a failure — it is the correct assessment that saves you from throwing good money at unrecoverable fees.
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Before the Examination: Free Searches You Can Do Yourself
Before sending a no-fee Examination Notice, run these free or low-cost searches:
- ASIC registers (basic searches): check the debtor's name for registered companies or business names and any available address details; use ABN Lookup for ABN details
- NSW Land Registry Services (paid): an owner/lessee inquiry costs A$18.70 over the counter in 2026/27 and can help check whether the debtor owns real property in NSW
- PPSR (Personal Property Securities Register) (A$2 per online search): check whether a security interest is recorded against an identified item; a vehicle search does not establish who owns the vehicle
- ABN Lookup (free): if the debtor is a sole trader, their ABN listing may show a business address and GST registration status
If you learn the debtor's bank or employer from these searches, you can go straight to a garnishee motion rather than wait at least 28 days for an examination notice response. The standard filing fee for the garnishee motion is A$114; sending the examination notice itself has no filing fee.
Who This Is For
- NCAT creditors who have registered their order at the Local Court but cannot identify specific assets to target
- Consumers who dealt with the debtor only through NCAT and have no financial details from the original transaction
- Family members helping a relative navigate enforcement who need a clear decision framework for which tool comes first
- Small business owners whose debtor was a customer or contractor and whose contact details may have changed since the dispute
Who This Is NOT For
- Creditors who already know the debtor's employer or bank — skip the examination and file a garnishee order directly
- Anyone whose debtor is a company in liquidation — enforcement against a company under external administration requires legal advice, not a form
- Creditors seeking to trace hidden assets across multiple jurisdictions — that is investigative work for a solicitor or licensed agent
The Cost of Getting the Sequence Wrong
Filing a garnishee motion before you know the debtor's bank or employer details does not work — the court cannot issue an order against an unknown institution. Filing a writ for levy before you know what the debtor owns risks paying the Sheriff A$111 per address and attempt, plus any other applicable expenses, even if nothing seizable is found; the 3% levy applies to enforcement proceeds.
The examination notice has no filing fee and gives you the map. Every other tool is the territory. Spending time on the map before committing to the territory is the single most cost-effective decision in the enforcement process.
The Enforcing an NCAT Order in New South Wales: Step-by-Step Guide includes a complete enforcement decision flowchart that walks through this sequence visually, plus the examination question list and a solvency pre-check worksheet to assess whether the debtor is worth pursuing before you spend any court fees.
Frequently Asked Questions
What happens if the debtor does not show up for the examination hearing?
If the debtor does not comply with an Examination Notice within the stated period, you can apply for an examination order using Form 53 (the notice of motion); Form 54 is the resulting order requiring attendance. If the debtor then fails to attend, you can apply for an arrest warrant using Form 57; Form 58 is the warrant.
Can I ask the debtor any question at the examination?
You can ask any question relevant to the debtor's ability to pay the judgment — income, bank accounts, property, vehicles, other debts, and Centrelink payments. The registrar presiding over the hearing will intervene only if questions are irrelevant or harassing. Prepare your questions in advance and focus on identifying assets you can target with a garnishee order or writ.
How soon after the examination can I file a garnishee order?
Immediately. Once you have the debtor's bank details or employer information, you can file a garnishee motion (UCPR Form 69) the same day. If granted, the court issues Form 70 for debts such as bank accounts or Form 71 for wages. There is no waiting period between obtaining the information and applying for the garnishee order.
What if the examination reveals the debtor has nothing?
If the debtor genuinely has no employment, no bank balance, no property, and receives only exempt Centrelink income, they are judgment-proof at this time. Your judgment remains enforceable for 12 years from registration, and you can re-examine the debtor in the future. An examination notice has no filing fee; if you need to apply for an examination order, the standard motion fee is A$114. A failed Sheriff attempt costs A$111 per address, plus other applicable execution charges.
Can I use an examination notice if the debtor is a company?
Yes. Use Form 52 for an examination notice to a corporation. If the company is being wound up in insolvency or by the Court, section 471B of the Corporations Act 2001 (Cth) restricts proceedings and enforcement against company property without court leave. During voluntary administration, sections 440D and 440F separately restrict proceedings and enforcement. A receiver's appointment alone does not create the same automatic stay. Get legal advice before taking further steps.
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