Enforcement of Judgments

(The following information is a brief summary only, it is not legal advice. Nor is the following table a substitute for you obtaining your own legal advice to fit your specific factual situation)

Once you obtain judgment, the judgment should be sealed. Then send a copy to the Judgment Debtor and make demand. If the Judgment Debtor does not pay then the judgment can be enforced in a variety of ways including:

Warrant to Seize Property

Allows the Bailiff to seize and sell certain property belonging to the Judgment Debtor to pay the debt. Judgment Creditor must file Form 61 Application for Warrant to Seize Property in the District Court closest to the Judgment Debtor. The Judgment Creditor can use Form MOJ157/02/14 Instruction to Bailiff to Seize Specific Property. If Bailiff cannot find the Judgment Debtor at the address you have provided you will need to supply the Court with an alternative address.

Financial Assessment of Judgment Debtor (3 ways)

NO HEARING OPTION

Filing a Financial Statement (“the paper option”). Judgment Creditor must serve a:

Form MOJ36b/02/14 Notice to Complete Financial Statement attaching either:

(a) Form MOJ208/05/14 Filing a Financial Statement of Judgment Debtor (Individual) or

(b) Form MOJ209/02/14 Filing a Financial Statement of Judgment Debtor (Organisation)

$65 filing fee.

A deputy registrar consider the information in the financial statement and can issue a range of orders including an attachment order which can be issued immediately.

TELEPHONE OPTION

File and serve Form MOJ207/05/14 Application for Assessment of Financial Means

$80 filing fee

The Court does the financial assessment over the phone with the Judgment Debtor

HEARING OPTION

File Form MOJ205/02/15 Application for Financial Assessment Hearing and either pay filing fee of $120 if you want to serve the documents yourself; or $180 to have the Bailiff do it [Bailiff most likely cheaper than Process Serving Firm]

Attachment Order

The Court can order payments be deducted directly from the Judgment Debtors income.

$50 filing fee.

File Form MOI204/05/14 Application for Attachment Order

Charging Order

If the Judgment Debtor owns property then a Judgment Creditor can prevent the Judgment Debtor from selling that property until the debt is paid. The Judgment Creditor must file a Form 49 Application for Charging Order Without Notice and Form 50 Affidavit in Support

Garnishee Proceedings

The Court has the power to order a Third Party to pay directly to the Judgment Creditor a debt that is due by the Judgment Debtor. The Third Party who is indebted to the Judgment Debtor is called the “sub-debtor”. The  Judgment Creditor must pay the filing fee and file Form 70 Affidavit in Support of Garnishee Summons

The Registrar then issues Form 71 Garnishee Summons to Sub-Debtor and a Form 72 Notice to the Judgment Debtor of Issue of Garnishee Summons

Summary Instalment Orders

A Judgment Debtor is able to apply to the District Court for a Summary Instalment Order if unable to pay all of his/her creditors

Bankruptcy

If it is clear that the Judgment Debtor cannot pay the debt then the Judgment Creditor can obtain a Certificate of Judgment from the District Court and file Form B1 Request for Issue of Bankruptcy Notice and Form B2 Bankruptcy Notice in the High Court closest to the Judgment Debtor and pay the filing fee. The Court will issue the Judgment Creditor with the Bankruptcy Notice which must then be served upon the Judgment Debtor within the month. If the Judgment Debtor does not apply to the High Court to set aside the Bankruptcy Notice within 10 working days of service, and then fails to pay the debt within 15 working days of service they commit an act of bankruptcy and the Judgment Creditor may apply to the High Court for the Judgment Debtor to be Adjudicated Bankrupt ($500 filing fee)

Creditors Statutory Demand

Where the Judgment Debtor is a company the most common enforcement action is the issue of a Creditors Statutory Demand pursuant to Section 289 of the Companies Act 1993