|
|
| Home > Civil Proceedings > Enforcement Proceedings |
|
|
The Rules of Court provide for several ways to enforce an unsatisfied judgment. These are outlined below.
Writs of Execution include Writs of Seizure and Sale of movable and immovable property, Writ of Delivery and Writ of Distress. These writs authorize the Bailiffs of the Supreme Court to enforce the unsatisfied judgment.
Where the judgment creditor (the winning party in a lawsuit) is not aware of what assets the judgment debtor (the losing party in a lawsuit who is required to pay the judgment sum to the winning party) owns, the judgment creditor may apply by summons for the judgment debtor to be examined on oath to determine what assets are available for use to satisfy the judgment debt. There are also provisions for committal proceedings to commit the judgment debtor to prison, if he fails to show up for the examination.
A garnishee is someone who owes the judgment debtor money. When the judgment creditor garnishes the debt, the garnishee must pay the money to him instead of the judgment debtor.
To collect the monies, the judgment creditor must first apply for a provisional garnishee order, which may be filed ex-parte (with no other parties involved). This leads to show cause proceedings. If the garnishee confirms that there are monies due and owing to the judgment debtor at the show cause stage, the Registrar may proceed to make the final garnishee order and the garnishee must pay the money to the judgment creditor instead of the judgment debtor.
|
|
Last updated on 21 MAY 2010 |
|
|