Typically for orders relating to money, a creditor has 12 years from the date of the judgment to enforce the judgment.
In New South Wales, there are several methods of enforcement available, including:
- writ: allows the Sherriff to seize and sells the property of the debtor to satisfy judgment;
- examination order: requires the debtor to attend court and answer questions about their financial circumstances, including their income, assets and liabilities;
- garnishee orders: directs a third party (including a bank) that owes money to the debtor to make payments directly to the judgment creditor;
- instalment order: allows the defendant to pay the judgment amount by instalments; and
- charging order: this is a court order that places a charge over the debtor’s property, preventing them from selling or incurring debts against the property until the debt is paid.
Alternatively, although not strictly enforcement, if you are owed a debt exceeding certain amounts, you can initiate bankruptcy or winding up proceedings against the judgment debtor. If successful, this will involve the Court appointing a person to take control of the property of the debtor, selling the property and distributing the proceeds to creditors.
Enforcing a court order can be a complex process, and it is important to seek legal advice if you are unsure about any aspect of the process. Craddock Murray Neumann Lawyers can provide guidance on the best enforcement method to use and can help you navigate the court system to ensure the best possible outcome.