Since 18 September 2023, it has been possible to serve an investigation notice on a judgment debtor requiring them to answer questions relating to their means to pay the judgment debt, and to produce for inspection documents relating to these questions [Enforcement of Judgments Act 1991 (SA) s 3A]. This allows a judgment debtor the opportunity to deal with their ability to make repayments informally, and avoid court fees being added to their debt. An Investigation Notice Form 140 may be served at the judgment debtor's address for service for the proceeding in which judgment was entered or by original service [Uniform Civil Rules 2020 r 203.3A]. If a judgment debtor fails to complete and return the notice, the judgment creditor may take other enforcement action and seek a special costs order against the judgment debtor for failing to complete and return it [r 203.3A(4)]. The notice sets out:

If the judgment creditor can negotiate a payment arrangement, this can be lodged with the court to make the order using a Form 142 Consent Order for Payment [Uniform Civil Rules r 203.5].

If no payment arrangement is negotiated, the judgment creditor may lodge an Application to Enforce Form 141 leading to an Investigation Hearing in the usual manner set out below.