Enforcing a Judgement

Enforcing a Judgement
It is up to the winning party to collect on the
judgement.

The court is not responsible to ensure that
the debtor (losing party) pays the damages.

As a result, the following options are
available to plaintiffs to enforce payment:

Garnishment
If the losing defendant is owed money from a third
party, a court order can force the third party to pay
the debt to the court.

The court gives the money to the plaintiff as payment
on the judgment.

The third party is only responsible for the money
owed to the defendant, not the entire amount of the
judgment.

Bank accounts, unpaid rent, money owing on
contracts, and a portion (20%-30%) of a defendants
wages can be garnished.
Seizing Assets
An application can be made to have the courts
take legal possession of the debtors property
and sell it to settle the judgment.

The Bailiff, or Sheriff, seizes the assets and
notifies the defendant of the seizure.

The defendant has an opportunity to settle the
judgment before the goods go up for public
auction.
Seizing Assets continued
Only the amount of the judgment will be
paid to the plaintiff. Court costs will be
deducted from the amount raised at
auction, and the remainder will be
returned to the defendant.
Examination of Debtor
If the defendant still refuses to pay, the plaintiff can
request an examination of the debtor.

The defendant has to go to court to prove that they
are unable to settle the claim.

The debtor is examined under oath in regards to
assets, income, and money owed to them by others.

A decision will be reached as to how much the debtor
can afford to pay. Instalments can be arranged if
necessary.