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picture1_Agreement Form 202628 | Form P2 Enforceable Payment Agreement


 119x       Filetype PDF       File size 0.11 MB       Source: www.courts.sa.gov.au


File: Agreement Form 202628 | Form P2 Enforceable Payment Agreement
form p2 to be inserted by court case number date filed fdn enforceable payment agreement delete all but one court of south australia civil jurisdiction please specify the full name ...

icon picture PDF Filetype PDF | Posted on 10 Feb 2023 | 2 years ago
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         Form P2 
          
           To be inserted by Court                                                                            
                                                                                                              
           Case Number:  
            
           Date Filed: 
            
           FDN: 
            
            
          
          
                                        ENFORCEABLE PAYMENT AGREEMENT 
          
         [SUPREME/DISTRICT/MAGISTRATES] Delete all but one COURT OF SOUTH AUSTRALIA  
         CIVIL JURISDICTION 
         Please specify the Full Name including capacity (eg Administrator, Liquidator, Trustee) and Litigation Guardian Name (if applicable) for each party. Each party should include a party 
         number if more than one party of the same type. 
          
         First Applicant 
          
         First Respondent 
          Applicant                        
                                          Full Name (including Also Known as, capacity (eg Administrator, Liquidator, Trustee) and Litigation Guardian Name (if applicable)) 
          Name of law firm / solicitor                                                    
          If any 
                                          Law Firm                                       Solicitor 
          Address for service              
                                          Street Address (including unit or level number and name of property if required) 
                                                                                                                     
                                          City/town/suburb        State                  Postcode                   Country 
                                           
                                          Email address 
          Phone Details                    
                                          Type - Number 
         Duplicate panel if multiple Applicants 
          
          Respondent                       
                                          Full Name (including Also Known as, capacity (eg Administrator, Liquidator, Trustee) and Litigation Guardian Name (if applicable)) 
          Address                          
                                          Street Address (including unit or level number and name of property if required) 
                                                                                                                     
                                          City/town/suburb        State                  Postcode                   Country 
                                           
                                          Email address 
          Phone Details                    
                                          Type - Number 
         Duplicate panel if multiple Respondents 
          
          Form P2 
           Agreement 
           Mark appropriate sections below with an ‘x’ 
           1.      It is agreed between the parties that the Respondent owes the following sums of money to the Applicant: 
                   Original sum owed                       $ 
                   Interest (if any)                       $ 
                   Filing fee (if Final Notice filed)      $ 
                   Other Costs (if any)                    $ 
                   TOTAL AMOUNT                            $                            which is the ‘Agreed Sum’ 
                   Note: The Applicant is not entitled to any interest nor collection costs unless the Applicant has a prior 
                          agreement that the Respondent will pay them. 
           2.      It is agreed that the Agreed Sum will be paid by instalments of $[amount] per [   ] week [   ] fortnight [   ] month 
                   with the first payment due on day           of                     20 
                   and thereafter on the [eg first, second, last] day of each [   ] week   [   ] fortnight   [   ] month. 
                   Payments are to be made by/to:  
                   Specify method and place of payments 
                    
                    
                    
                    
           3.      It is agreed that (not having already made an adverse report to a credit referencing agency) the Applicant will 
                   not make an adverse report to any credit referencing agency, nor take any steps to collect the Agreed Sum, 
                   for as long as the Respondent does not at any time fall into arrears by at least two instalments. 
           4.      It is agreed that if the Respondent at any time falls into arrears by at least two instalments, then without further 
                   notice the Applicant is entitled to file a Claim in the Court. In that event, the Claim shall be for any part of the 
                   Agreed Sum that has not been paid at the time the Claim is filed plus the court filing fee and, if a solicitor is 
                   used, the lawyers’ fee allowed on the court scale (in total called ‘the Judgment Sum’). Upon service of that 
                   claim and proof of this agreement and of the failure to make two instalment payments, the Respondent 
                   IRREVOCABLY CONSENTS to the applicant obtaining SUMMARY JUDGMENT which is a final judgment 
                   against the Respondent for the Judgment Sum and will not raise any counter claim nor set off against it. 
           
           To the Respondent: WARNING 
           Do not sign this if you do not agree that you owe all of the Agreed Sum and that you have no counterclaim nor set 
           off against it. 
           
           Executed by the Applicant 
              ………………………………………… 
              Signature/common seal of Applicant 
        Form P2 
           ………………………………………… 
           Signature of witness 
           ………………………………………… 
           Printed name and address of witness 
           ………………………… 
           Date 
           Duplicate signing panel if multiple Applicants 
         Executed by the Respondent 
           ………………………………………… 
           Signature/common seal of Applicant 
           ………………………………………… 
           Signature of witness 
           ………………………………………… 
           Printed name and address of witness 
           …………………………. 
           Date 
           Duplicate signing panel if multiple Respondents 
 
         
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...Form p to be inserted by court case number date filed fdn enforceable payment agreement delete all but one of south australia civil jurisdiction please specify the full name including capacity eg administrator liquidator trustee and litigation guardian if applicable for each party should include a more than same type first applicant respondent also known as law firm solicitor any address service street unit or level property required city town suburb state postcode country email phone details duplicate panel multiple applicants respondents mark appropriate sections below with an x it is agreed between parties that owes following sums money original sum owed interest filing fee final notice other costs total amount which note not entitled nor collection unless has prior will pay them paid instalments per week fortnight month due on day thereafter payments are made method place having already adverse report credit referencing agency make take steps collect long does at time fall into arr...

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