Enforcement
The legal steps used to compel payment of a judgment debt, such as garnishees, writs and examinations.
What it is
Enforcement refers to the legal steps a creditor can take to compel payment of a judgment debt once a court has decided the debt is owed. It includes tools such as a garnishee order, a writ of execution and an examination of the debtor's financial position.
Enforcement begins only after judgment, because the court order is what gives these tools their force.
Why it matters
A judgment on its own does not put money in your account; enforcement is how a paper judgment becomes actual recovery. Choosing the right enforcement tool for the debtor's circumstances — income versus assets, individual versus company — has a major effect on the result.
Merion selects and runs the most effective enforcement strategy for each matter at refer a debt.
Good to know
This is general information and not legal advice. Enforcement options, names and procedures vary between QLD, VIC, NSW and the ACT, and some assets and minimum income amounts are protected. Enforcement carries its own fees, and success ultimately depends on the debtor having income or assets to reach. Information from skip tracing often guides which tool to use.
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