Civil Procedure
The Debtor Will Not Pay: What Happens After Judgment?
Enforcing a judgment, identifying assets and choosing the appropriate procedure.
Judgment starts the enforcement stage
A money judgment does not automatically transfer funds to the creditor. Under Cap. 6, the judgment debt, interest and costs must be identified before selecting an enforcement procedure. Check enforceability, service and any stay. Filing an appeal and obtaining a stay are distinct matters.
Match the procedure to the assets
Movable property, bank funds, registration against land and attachment of earnings may be considered, subject to their statutory conditions. Examination of the debtor’s financial circumstances may assist. Third-party rights and exempt assets must be respected.
Keep the account accurate
Prepare the judgment, payment records and known asset information. Deduct payments and distinguish principal, interest and costs. Non-payment does not automatically justify imprisonment; the applicable statutory procedure must be followed.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.