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Enforcements of Judgment

We can assess and advise the most appropriate methods of enforcement. These methods can include the following:

  • Publication of a Judgment – This involves the publishing of a judgment in the Central Office of the High Court. This registration is often automatically published in the Trade Gazettes.

  • Registration of a Judgment Mortgage – If the debtor has property or land, a judgment mortgage can be registered against it for the amount of the Judgment. We can conduct property searches to ascertain if the debtor has property. A judgment mortgage remains on the property for 12 years and if the debtor sells the property, the judgment mortgage must be discharged before the debtor can sell the property, subject to any previous charges or judgment mortgages registered on the same property.

  • Instalment Order Proceedings – We can bring an application before the district court to have the individual debtor’s means assessed. We can cross examine the statement of means at the proceedings. If the debtor fails to attend, or fails to submit a statement of means, the Judge can make an instalment order for weekly/monthly payment depending on the circumstance.   

  •  Committal Order – If an Instalment Order is made for the individual debtor to make payments and the debtor fails to make those payments when they become due, an application can be brought for the arrest and imprisonment of the debtor.
  • The Sheriff - The sheriff has the power to seize goods to satisfy the Judgment. We can instruct the Sheriff to enforce the judgment under the execution order obtained.