If the debtor fails to comply with an order made at the investigation hearing, the judgment creditor can apply for an examination hearing by filling out an Application to Enforce Judgment [Form 141] [Enforcement of Judgments Act 1991 (SA) s 5(5) and Uniform Civil Rules 2020 r 203.8(1)]. There is a filing fee.

A summons requiring the judgment debtor to attend the Examination Hearing [Form 146] will be issued by the court on the judgment debtor as soon as practicable before the date set for the hearing [r 203.8(4)]. At this hearing the debtor will be asked to explain why he or she has not complied with the order for payment from the investigation hearing. If the debtor's circumstances have changed then the instalments to be paid under the order may be modified. If there is no valid reason for not complying with the order (and where instalments are payable, the judgment debtor is at least two instalments in arrears) then an order for imprisonment may be made for contempt of court [Enforcement of Judgments Act 1991 (SA) s 5(7)]. This does not affect the obligation to pay the debt. However, a judgment debtor must be released from prison if payment of the judgment debt or all arrears of instalments are made [s 5(8)].

A judgment debtor may apply for a stay (to stop) of an order for imprisonment [s 17]. If the court considers there is proper reason for granting the stay, it may do so on terms it considers appropriate.