Investigation Summons South Australia — The First Step for Certain Small Debts

Why the Investigation Summons Comes First

Under rule 203.2(1) of the Uniform Civil Rules 2020, if the judgment is against an individual for $12,000 or less and the debt did not arise from the debtor carrying on a business, no other enforcement process may issue unless a payment order has been made at an investigation hearing or the debtor failed to attend that hearing after due service, unless the Court orders otherwise. An Investigation Summons is generally the first formal step.

The purpose is practical: the court investigates the debtor's means before deciding whether to make a payment order or another enforcement order.

What Happens at the Hearing

The Investigation Summons (Form 143) compels the debtor to attend court and answer questions about their finances under oath. Unless the parties have executed a consent order for payment, the debtor must complete Form 145 (Questionnaire) and bring it to the investigation hearing, detailing their income, expenses, bank accounts, property and liabilities.

At the hearing, you (or your representative) can question the debtor about their financial disclosures. In the Minor Civil Claims Division, legal representation requires leave of the court under section 38 of the Magistrates Court Act 1991, unless both parties agree.

The Registrar or Magistrate evaluates the debtor's necessary living expenses and typically enters an instalment payment order — a set amount per week or fortnight that the debtor can realistically afford. If the debtor demonstrates genuine inability to pay, the matter may be adjourned for 6 to 12 months.

How to Apply Through CourtSA

1. Log in to CourtSA and navigate to "My Cases"
2. Select your case, then open the "Enforcement" tab
3. Click "Actions" and select "Request or Add an Investigation Summons"
4. Complete the online form — attach a Memorandum of Interest and Memorandum of Costs if you are claiming interest or enforcement expenses
5. If the debtor is a company, nominate a specific corporate officer as the witness
6. Pay the combined court filing fee and Sheriff service fee online

The registry reviews your application. Once approved, CourtSA generates a sealed Form 143 and sends it to the Sheriff's Office for personal service on the debtor.

What If the Debtor Doesn't Show Up

If the debtor has been personally served and fails to attend, the court may issue a Warrant of Apprehension under section 4(4) of the Enforcement of Judgments Act 1991. Sheriff's officers can then bring the debtor before the court for examination.

This is a compliance mechanism, not imprisonment for debt. Section 12(2) of the Act makes clear that no person can be jailed simply for failing to pay money.

The Informal Alternative: Investigation Notice (Form 140)

Before paying for a summons, consider serving an Investigation Notice (Form 140) directly on the debtor. No court filing fee is required. The debtor gets at least 28 days to complete a financial questionnaire. If they cooperate, you can negotiate a payment plan and formalise it with a Consent to Order for Payment (Form 142) — avoiding the hearing entirely.

If the notice gets ignored, proceed to the summons. Our SA Judgment Enforcement Guide covers both the informal and formal pathways, the forms involved, and what questions to prepare for the hearing.

See more South Australia guides →