Enforcing a Judgement Enforcing a Judgement n n

Enforcing a Judgement

Enforcing a Judgement n n n 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 n n If the losing defendant is owed money from a third party, a court order can force 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 defendant’s wages can be garnished.

Seizing Assets n n n An application can be made to have the courts take legal possession of the debtor’s 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 … n 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 n n 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.