What it is for
Records, in writing and signed, what the parties agree to. A consent signed by the parties. Under an order for periodic payment, the creditor files it to waive a missed payment so the order does not end (Rule 20.02(4)). The payment proposal rule, Rule 9.03(2), does not name this form, so check with the court office before relying on it there. It is also the consent that lets a judge give final judgment at a settlement conference when the amount is under the appeal limit (Rule 13.05(4)).
Who uses it
Both sides sign it, each in front of their own witness.
When to use it
After a Notice of Default of Payment (Form 20L) is served, when the plaintiff agrees to let the payment plan continue, within the 15 days before the plaintiff can ask for judgment. Rule 20.02(4) sets this 15-day period for an order for periodic payment. Under a payment proposal, the plaintiff can file Form 20M once 15 days have passed since Form 20L was served (Rule 9.03(2)(c)).
What you need
Tick each one off as you gather it. Nothing here is saved.
Tips
- The parties do not need to sign on the same day, but each person signs with their own witness signing a moment later.
- Write down the payment that was missed and the date the plan carries on from.
- File the signed Consent with the clerk and keep a copy.