Enforcement orders - Car crashes

car crash self-help guide logoAfter court, the judgment debtor may not be willing or able to pay a judgment debt. A judgment creditor can apply to the court for an enforcement order to force the judgment debtor to pay the judgment debt.

All civil judgments made in the Magistrates Court are enforced under the Civil Judgments Enforcement Act 2004 (WA). There are a number of orders a judgment creditor can ask the court to make.

Enforcing the judgment

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 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.

 

Useful documents

Magistrates Court of WA

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