Examination Summons South Australia — What to Do When the Debtor Stops Paying

When an Examination Summons Applies

An Examination Summons (Form 146) is the enforcement tool you use when a debtor fails to comply with a court payment order. It is not the same as an Investigation Summons — that is the first step, used to find out what the debtor earns and owns. An Examination Summons can follow a default on a lump-sum or instalment order.

Under section 5A(1) of the Enforcement of Judgments Act 1991 (SA) and UCR rule 203.8, you can apply for an Examination Summons when the debtor fails to comply with an existing court payment order. At least two instalments in arrears is a separate condition for a possible monetary penalty, not for applying for the summons.

How to Apply

The process runs through CourtSA:

1. Log in and navigate to your case under "My Cases"
2. Open the "Enforcement" tab, click "Actions" and select the Examination Summons option
3. Provide evidence that the debtor failed to comply with the payment order — for example, records showing that a required payment was not received
4. Pay the combined court filing fee and Sheriff service fee

The registry reviews the application. Once approved, CourtSA generates a sealed Form 146, and the Sheriff's Office serves it personally on the debtor.

What Happens at the Hearing

At the examination hearing, the debtor gives evidence under oath about whether they failed to comply with the payment order without proper excuse. The judicial officer can:

• Vary the instalment terms — reduce the amount per payment if the debtor's circumstances have genuinely worsened (job loss, medical emergency)
• Maintain the existing order — if the debtor has no good reason for the default
• Impose a monetary penalty — after examination, if the debtor failed without proper excuse and, for an instalment order, at least two instalments are in arrears and the debtor can pay them without hardship

The Form 145 Questionnaire is used for an Investigation Summons. The Examination Summons hearing examines compliance with the payment order.

If the Debtor Doesn't Attend

A debtor who has been personally served and fails to appear may face a Warrant of Apprehension under section 5A(2) of the Enforcement of Judgments Act 1991. Sheriff's officers can bring them before the court for examination. A person cannot be dealt with under section 12 for failure to pay a monetary sum.

Keeping Records That Trigger Your Right

For a possible monetary penalty, the creditor must show at least two instalments in arrears and the other statutory conditions. Record each due date, payment and balance; a running ledger helps document non-compliance.

Our SA Judgment Enforcement Guide includes a payment tracking ledger and the full sequence from investigation hearing through examination summons to further enforcement tools if the debtor's default continues.

See more South Australia guides →