Investigation Notice Form 140 South Australia — No Court Filing Fee

What the Investigation Notice Does

An Investigation Notice (Form 140) is an out-of-court discovery tool introduced by the Statutes Amendment (Civil Enforcement) Act 2023, adding section 3A to the Enforcement of Judgments Act 1991 (SA). The judgment creditor issues it without a court filing or hearing; the rules still require service by an allowed method.

The notice can require the debtor to answer specified questions about their means and/or produce specified documents. Questions may cover income, employment, living expenses, bank accounts and property; requested documents can include pay slips, tax returns and bank statements. The notice must allow at least 28 days from service to respond.

Why Use It Before a Summons

Filing an Investigation Summons (Form 143) through CourtSA costs money — a combined court filing fee and Sheriff service fee. You pay that upfront, and while the fees are added to the recoverable judgment debt, you only get them back if the debtor actually pays.

The Investigation Notice has no court filing fee. You can serve it at the address for service by an allowed method, or by original service where there is no address for service in the case. If the debtor cooperates:

• You learn what assets and income they have (or don't have) — before committing to a filing fee
• You can negotiate a voluntary payment plan
• You formalise the plan by lodging a Consent to Order for Payment (Form 142) on CourtSA under UCR rule 203.5

If the debtor fails to complete and return the notice, the form warns that you may seek a special costs order. The Court may also consider whether the notice was served and whether it was complied with when deciding costs in a later enforcement proceeding.

Who Should Use It

The Investigation Notice is most useful when:

• You have a judgment debtor whose financial position is completely unknown
• You want to avoid spending filing fees on a debtor who may be judgment-proof
• The debtor seems likely to cooperate (they have not been hostile or evasive throughout the litigation)
• You prefer to negotiate a payment arrangement rather than pursue compulsory enforcement

It is less useful when the debtor has already demonstrated they will ignore court correspondence, or when you already know their financial position (for example, from evidence given during the trial) and want to proceed directly to garnishee orders or warrants.

What Happens if the Debtor Ignores It

The Investigation Notice does not itself compel the debtor to attend court. If the debtor fails to complete and return it, you may seek a special costs order and apply for an Investigation Summons.

If the debtor then fails to attend a personally served Investigation Summons, the court may issue a Warrant of Apprehension under section 4(4) of the Enforcement of Judgments Act 1991.

The Bigger Picture

Form 140 sits at the start of the enforcement sequence. Our SA Judgment Enforcement Guide maps out the full pathway — from the investigation notice through to garnishee orders, warrants of sale and charging orders — with the decision logic for choosing the right tool based on what the debtor's response reveals.

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