If the payment of money, land or goods remains outstanding, the creditor is entitled to apply to the court to enforce the judgment or order against the debtor.
If you are unsure of the debtor’s financial situation and which enforcement option to choose you can apply for an ‘order for oral examination’.
This allows a creditor’s practitioner to ask questions in the presence of a court registrar about the debtor’s financial situation and determine the best way of enforcing the debt.
If you cannot afford to pay the amount you owe and agreement cannot be reached with the creditor, you may apply to the Court to pay the debt and interest by instalments.
To do this, an application (form 61A) must be provided before the Court and it should contain:
The registrar will set a date for the application to be heard. The parties do not need to attend. The registrar will review the papers submitted by the debtor and make a decision regarding the application. All parties will then be notified.
The registrar may grant the application or refuse the application.
Refusal of the application is usually due to:
Either party may lodge an objection to the Registrar's decision within 14 days of receiving notification of the decision. The objection application is heard by a judge or a judicial registrar.
There are three types of warrants that can be issued and forwarded to the sheriff for execution:
A creditor can apply for a Garnishee Order where the debtor is owed money (not wages) by another person (garnishee). It allows the debt owed to be paid directly to the creditor.
This is an application to the Court that orders the debtor's employer to deduct instalments from their salary.
This is an enforcement application by the creditor that secures the payment of a debt through securities held by the debtor. In this respect, securities mean:
Before issuing a Charging Summons a judgment creditor must make an application to the Court to issue, file and serve the summons.