CIVIL LAW DEBT RECOVERY - Enforcement

Last blog we looked at how people file a Defence when defending a claim, this blog we shall look at various options available to the judgement creditor when enforcing the debt, once judgement has been entered in favour of the plaintiff.

There are a number of enforcement options available to a judgement creditor, however, two (2) of the more common enforcement options are as follows:

Garnishee of wages

To garnishee the debtor’s wages, subject to the Uniform Civil Procedure Rules once a garnishee order has been made, the order attaches to any wage or salary which is payable to the judgement debtor.

In effect the order specifies the amount outstanding and directs the garnishee (the employer of the judgement debtor) to pay the judgement creditor such amounts from the wages of the debtor as permitted by the rules until such time as the debt is satisfied.

Writ for Levy of Property

If your application for a writ for the Levy of Property is successful the Writ allows the sheriff:

1.      to seize and sell goods belonging to the debtor;

2.      to seize money belonging to the debtor;

3.      to enter into possession of and to sell land belonging to the debtor; and

4.      to take and to sell choses in action or equitable interests in goods or land held by the debtor.

The sheriff cannot seize or sell clothing, bedroom or kitchen furniture, or any tools of trade (including vehicles, plant, equipment and reference books) if they are used by the debtor or any member of his family.

If you have an outstanding debt and require help in recovery of this debt, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.