POST TRIAL PROCEDURES Flashcards
Enforcement procedures, judgement debt
If a person who has been found in the wrong during a civil trial does not follow a court order to pay damages to the plaintiff or defendant, there are a number of enforcement procedures. A defendant may be ordered to pay money to the plaintiff for repayment of a debt, damages or interest and costs. The money owing under a court order is called a judgment debt. If this money is not paid, the plaintiff can initiate enforcement procedures.
5 enforcement procedures
A warrant of seizure and sale An attachment of earnings order An attachment of debts order Bankruptcy Enforcement of injunctions
A warrant of seizure and sale
This enables a person who is owed money (judgment creditor) to seize property from the person who owes the money (judgment debtor). This property could be items such as a boat, car or house. When the item is sold, the amount of the debt is paid to the judgment creditor. The balance is returned to the judgment debtor.
An attachment of earnings order
Such an order forces the judgment debtor’s employer to pay the debt at regular intervals directly out of the judgment debtor’s wages to the judgment creditor.
An attachment of debts order, garnishee
This can involve a garnishee; that is, a third person, who owes
money to the judgment debtor, pays the debt directly to the judgment creditor.
Bankruptcy
If the debt exceeds $5000, the judgment creditor can serve a bankruptcy notice on the judgment debtor. The debt must then be paid within a specified time. If it is not, the debt, and most of the bankrupt’s (i.e. the judgment debtor’s) property, is put in the hands of the official trustee in bankruptcy. Debtors who owe money can also start bankruptcy proceedings themselves, if they want the trustee to take over their financial affairs.
Enforcement of injunctions, contempt in court
A person is in contempt of court if he or she does not follow an injunction (does something that he or she has been ordered not to do, or does not do something that he or she has been ordered to do). Being in contempt of court is a criminal offence, and a court can impose a term of imprisonment or a fine, or both.
