Form 30: Application for Garnishment, Summons or Warrant

When Form 30 is appropriate

This form is for a support order or filed support agreement where a remedy described in Rule 140 and the Family Maintenance Enforcement Act is sought. Remedies may include garnishment of money owed to the debtor, summonses for specified non-compliance or enforcement hearings, and warrants in legally defined circumstances. It is not the regular way to enforce parenting time or to make a new child-support order.

Completing Form 30

1. Confirm there is a support order or filed written support agreement and identify the person owed support (creditor) and person required to pay (debtor).
2. Locate any BC Family Maintenance Agency (BCFMA) case ID and use the existing court registry/file information, if relevant.
3. Identify the support order date, the obligations at issue and the current evidence of non-payment or other statutory default. Attach the order or filed agreement.
4. Choose the specific enforcement order you seek and provide the details required for that remedy, such as the debtor, third-party garnishee/attachee, or earlier reporting directions.
5. Match each remedy to its mandatory evidence. The prescribed Form 30 calls for a supporting affidavit. For a default or committal hearing it specifies an affidavit or statement of arrears; for garnishment it requires a completed garnishing-order form and supporting affidavit; for a warrant of execution it requires the completed warrant form and supporting affidavit. Do not assume attaching only the support order is enough.
6. Give a correct address for service and attach the documents required for your chosen enforcement remedy.
7. File with the correct registry. Rule 139 permits the registry with the existing case or the registry closest to the debtor’s last known address for a hearing under this division.
8. If a summons is issued, arrange service of the actual issued summons, application and supporting documents under Rule 140(2), subject to the alternatives in Rule 140(3)–(4).

Serving an issued summons

The ordinary Rule 140(2) route requires an adult who is not a party to personally serve the issued summons, the application and supporting documents at least seven days before the court date. A clerk may arrange peace-officer service, and a judge may authorize another method. This is a summons rule—do not describe it as a seven-day personal-service requirement applying identically to every garnishment or warrant.

Form 30 versus Form 29 and Form 35

Form 29 deals with specified Family Law Act enforcement and support-arrears determinations. Form 30 invokes designated remedies under the Family Maintenance Enforcement Act. Other applications under that statute, including certain disclosure and attachment-related orders, fall under Form 35 and Rule 142. Filing the wrong enforcement form can delay your case.

Worked example

Safety, procedure and evidence

An arrest warrant is a court-controlled statutory remedy, not an automatic consequence of missing support. Do not overstate your authority, contact third parties coercively, or ignore the different service requirements of a summons. If enrolled with BCFMA, coordinate carefully with the agency and seek assistance for complex enforcement decisions.