enforcement of judgments

Successful litigants may take steps to enforce a judgment when the time available for compliance by the judgment debtor has expired and the judgment remains unsatisfied, provided that the judgment or execution has not been stayed by the court. A judgment may not be enforced where enforcement has become statute barred other than with the permission of the court.  A person affected by a judgment but who is not a party to it may apply for the judgment or order to be varied or set aside.

Money judgments are payable within 14 days unless another date is specified in the order.

The following methods are available to enforce a judgment debt against a company:

1. Execution against goods, by a writ of fieri facias or warrant of execution. Forced entry is permitted to enter commercial premises to levy judgment by a High Court Enforcement Officer;
2. Charging Order.
3. Third Party Debt Order.
4. Order to Obtain Information, previously known as an Examination Order. The debtor (either the officers of a company or an individual) may be made to attend court to answer questions to inform the judgment creditor of the location and nature of the assets to satisfy the judgment.
5. Statutory Demand or Winding Up Order.

When the judgment debtor is an individual who is employed, in addition to those named above an Attachment of Earnings is available to satisfy the payment required. Also Execution against Goods however, entry onto domestic premises must be lawful and without force in the case of execution of goods against an individual.

If the judgment is to be recovered against the goods of the defendant and the value of the judgment is in excess of 5,000, enforcement must take place in the High Court.

In some cases, a judgment creditor may be concerned that the judgment debtor is likely to dissipate its assets within the jurisdiction or remove assets from the jurisdiction, so as to defeat the judgment of the court and leave no assets for the creditor to satisfy judgment. In cases such as these, the court has power to order a freeze over the assets of the judgment debtor on the application of the judgment creditor. The applicant for this form of interim relief must show that there is “a real risk that a judgment or award in favour of the claimants would go unsatisfied”.

Orders for the detention, custody or preservation of the assets of the debtor may be made by the court to defeat the intentions of the debtor. In addition, the court may make orders to deliver up goods which are or may become the subject of proceedings for wrongful interference.

In some circumstances, proceedings may be brought 6 years after the judgment for enforcement of a judgment debt. Applications for permission to enforce a judgment after the usual 6 year period should be supported by evidence including (1) the date of the judgment, (2) the amount of the original debt, (3) the sum remaining to be satisfied from the judgment, (4) causes for the delay, (5) that the applicant is entitled to execution, (6) changes in circumstances to the parties and devolution of the interest.

A court may correct slips and accidental omissions from orders on its own motion.

Usage: The judgment debtor elected to apply to a writ of fieri facias for the enforcement of the judgment.

Related Words: court order; declaratory judgment; fieri facias (writ of); writ of execution; judgment debt; sequestration (writ of); litigation; res judicata; cause of action; delivery (writ of); damages; pleadings; elegit (writ of); third party debt order; judgment creditor; possession (writ of); judgments; recognition of foreign judgments.

Useful Material:

1. Enforcement of Foreign Judgments
2. Enforcement of Foreign Intellectual Property Rights