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.
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 wholly or partially pay a judgment. 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 the following:
- 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.