Enforcement orders - Car crashes

Time for payment order

This orders the judgment debtor to pay the whole judgment debt before a set date. The date is set by the court at a means inquiry. The court must ensure the order does not impose unfair obligations on the judgment debtor.

Instalment order

This orders the judgment debtor to pay the judgment debt in instalments, set by the court at a means inquiry. The court must ensure the order does not impose unfair obligations on the judgment debtor.

Debt appropriation order  

If someone else (a third party) owes money to the judgment debtor, the court can order the money to be paid to the judgment creditor rather than to the judgment debtor. 

Earnings appropriation order

This orders a judgment debtor’s employer to pay a part of their earnings directly to the judgment creditor. An earnings appropriation order can only be made if the judgment debtor disobeyed an instalment order and it was cancelled by the court.

Property (seizure and sale) order

This authorises the sheriff to seize and sell a judgment debtor’s property to pay a judgment (wholly or partially). A creditor can apply for this order without conducting a means inquiry. The sheriff must sell items of personal property before selling the judgment debtor's house or other real estate they own if this will satisfy the judgment debt.

Some property is protected and can’t be taken, including:

• clothing and shoes to the value of $1,250,
• kitchen and dining furniture and implements to the value of $1,250,
• bedding and furniture of the debtor to the value of $500,
• bedding and furniture of dependants to the value of $200.

The full list of personal property that cannot be seized is set out in Fact Sheet 28 from the Magistrates Court.

Useful documents

Magistrates Court of WA

• Fact sheets - Civil Matters
• Civil Judgments Enforcement Act Forms

Find legal answers

• Enforcing a judgment