The most common enforcement proceedings are as follows:
Conducted to determine if the judgment debtor is able to pay the judgment debt. If the Court finds the judgment debtor is able to pay, the judgment creditor may apply for one of the following:
- time for payment order;
- instalment order; or
- earnings appropriation order.
Property (Seizure & Sale) Order:
An order authorising the Sheriff to seize and sell the judgment debtor’s real or personal property (cars, boats, and some personal items) or real estate (for example, a house) in order to satisfy the judgment debt.
Debt Appropriation Order
An order that requires a person who may, or does, owe money to the judgment debtor to pay that money directly to the judgment creditor.
Bankruptcy or Winding up Applications
Generally used as a last resort or if the judgment creditor believes that the judgment debtor has means to pay the judgment debt and/or is hiding assets, it can seek a Creditor’s Petition in the Federal Court of Australia to declare a judgment debtor bankrupt. In the case of a company, a judgment creditor can issue a Statutory Demand and then commence proceedings to wind up that company if the Statutory Demand is not complied with.
Dwyer Durack have a team of highly experienced lawyers who can advise and represent clients seeking to enforce a judgment debt. If you would like to discuss your options in enforcing a judgment debt, please contact us today.