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Enforce an order or judgment
NoteThis page is for enforcement procedures under the Rules of Court 2014, which apply to civil proceedings which are commenced before 1 April 2022.
This page also applies to enforcement proceedings commenced before 1 April 2022, for orders obtained in the Small Claims Tribunals or Employment Claims Tribunals.
For enforcement procedures under the Rules of Court 2021, which apply to civil proceedings which are commenced on or after 1 April 2022, click here.
If you are uncertain as to which version of the Rules of Court applies to your matter, click here.
What enforcement means
If you have obtained an order or a judgment in your favour for a civil claim, you are known as the judgment creditor. If the other party (the judgment debtor) does not comply with it, you can enforce the order or judgment against them.
If you are the judgment creditor, you should consider the following before you decide to proceed with enforcing an order:
- Whether it is worthwhile to pursue enforcing the order.
- You will have to spend time and effort to make the necessary applications to enforce the order and there is no guarantee that you will be able to recover anything from the judgment debtor.
- Whether you are willing to pay the fees for enforcing the order.
- In general, the fees paid to the courts in enforcement proceedings are non-refundable. You may however be able to recover the fees from the judgment debtor.
- Whether the judgment debtor is able to pay you.
- You may search if the other party is involved in any bankruptcy, winding up, receivership or judicial management proceedings at the LawNet and CrimsonLogic Service Bureau.
- If the other party has been made bankrupt, you should seek legal advice on the available courses of action.
- Whether other enforcement actions are pending against the judgment debtor.
In all civil claims, if you are the judgment creditor, you are responsible for enforcing the order or judgment. The courts are not responsible for the commencement of enforcement proceedings.
Note
This page is for enforcement procedures under the Rules of Court 2014, which apply to civil proceedings which are commenced before 1 April 2022.
This page also applies to enforcement proceedings commenced before 1 April 2022, for orders obtained in the Small Claims Tribunals or Employment Claims Tribunals.
For enforcement procedures under the Rules of Court 2021, which apply to civil proceedings which are commenced on or after 1 April 2022, click here.
If you are uncertain as to which version of the Rules of Court applies to your matter, click here.
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