Why judgment enforcement matters
Winning a court judgment is a significant step — but it doesn't automatically put money in your account. Many debtors still won't pay voluntarily, even with a court order against them. That's where judgment enforcement comes in. We use the full range of legal tools available to turn your judgment into actual payment.
At Hilton Bradley, we handle enforcement as part of our end-to-end debt recovery service. If we've obtained the judgment for you through litigation, we'll move straight into enforcement without missing a beat.
Enforcement tools available
Australian courts provide several enforcement mechanisms. The right tool depends on the debtor's circumstances — what assets they have, where those assets are, and how cooperative they're being.
Garnishee orders (debt attachment orders)
A garnishee order directs a third party to pay money to you instead of to the debtor. This is one of the most effective enforcement tools because it doesn't rely on the debtor's cooperation at all. Common targets include:
- Bank accounts — the bank freezes the debtor's funds and pays them to you
- Wages — the debtor's employer deducts a portion and pays it directly to you
- Trade debtors — anyone who owes money to the debtor pays you instead
A garnishee order over a bank account can freeze funds within 7-14 days of the order being made.
Writs of execution
A writ of execution authorises the Sheriff or bailiff to seize the debtor's personal property and sell it to satisfy your judgment. This can include vehicles, equipment, machinery, stock, and other moveable assets. The Sheriff will attend the debtor's premises, identify seizable assets, and either collect payment or proceed with a sale. Typical timeframe: 2-4 weeks from the writ being issued.
Examination summons (examination order)
An examination summons compels the debtor (or a company director) to attend court and disclose their financial position under oath. This is particularly useful when you're not sure what assets the debtor has. The debtor must produce financial records and answer questions about their income, assets, debts, and any recent transactions. This information helps us identify the best enforcement strategy.
Charging orders
A charging order places a charge over the debtor's real property (land or buildings). While it doesn't force an immediate sale, it means your debt must be paid when the property is sold or refinanced. For debtors with significant property holdings, this is a powerful long-term enforcement tool. We can also apply for an order for sale in appropriate cases.
Bankruptcy notice (individual debtors)
If the debtor is an individual and the judgment debt is $10,000 or more, we can serve a bankruptcy notice. If the debtor doesn't pay within 21 days, you can petition for their bankruptcy. The threat of bankruptcy is often enough to prompt payment. For company debtors, the equivalent is a winding-up application.
Our approach to enforcement
We take a strategic approach to enforcement. Before applying for any order, we assess which method will produce the best result in the shortest time:
- Asset identification — we conduct searches to identify the debtor's bank accounts, property, vehicles, and business interests
- Strategy selection — we recommend the enforcement tool most likely to succeed based on what we find
- Execution — we prepare and file the application, serve the relevant parties, and follow through until you're paid
- Escalation — if the first method doesn't fully satisfy the debt, we escalate to additional enforcement tools
Cost of enforcement
For matters where we've acted on a no-win-no-fee basis, enforcement is included as part of the recovery process. Court filing fees for enforcement applications are generally recoverable from the debtor as part of the judgment amount.
The information on this page is general in nature and should not be relied upon as legal advice. Please contact us for advice specific to your situation.
