Enforcing a Court judgment

June 2026

When recovering money that is owed to you, obtaining a binding judgment or order from a court or tribunal is only the first step of the process. The second step is actually collecting on the judgment and getting paid in cases where the debtor does not make prompt payment.

Enforcement is not automatic

Enforcement of judgments is not automatic and generally relies on the judgment creditor taking steps to pursue the debtor. In most cases, these enforcement steps will result in further costs being incurred, and while those costs can usually be added to the judgment debt, it is important to take a pragmatic approach and ensure that you do not “throw good money after bad”.

The options available will depend on the forum in which judgment was obtained, e.g. the Disputes Tribunal, the District Court or the High Court, the sum awarded and the nature and financial circumstances of the debtor.

District Court enforcement options

A range of enforcement options are available for District Court judgments. Orders by the Disputes Tribunal for payment of money can also be enforced in the same way as a judgment of the District Court. These include:

• An assessment by the Registrar of the judgment debtor’s finances and their ability to pay, which can be conducted on the basis of an assessment of a financial statement filed by the debtor, or at a hearing conducted by telephone or in-person at the courthouse.
• Regular mandatory deduction from wages or most benefits received by a debtor. These are known as attachment orders.
• Seizure by the bailiff of the debtor’s personal property and sale of that property by public auction if the debt isn’t paid in full within a prescribed period of time.
• In cases where the judgment debtor is known to be owed money, redirection of that money in satisfaction of the judgment debt. This is known as garnishee proceedings.
• An application for contempt of enforcement proceedings when it is believed that a debtor has the ability to pay the judgment debt but has deliberately avoided doing so. If granted, the debtor can be ordered to complete up to 200 hours of community work.
• Charging orders, which can be placed on assets owned by the debtor such as land or shares, and which restrain the debtor from selling or transferring the asset until the judgment is paid.

High Court enforcement options

The High Court has its own enforcement regime for the judgments that it issues, or which are transferred from the District Court for enforcement purposes. These include attachment and charging orders, as well as sale orders. Other, more esoteric options are also available in some circumstances. 

Sale orders authorise the Sheriff of the High Court to seize and sell the debtor’s property, including land and building, to satisfy a judgment debt. These can be a potentially powerful option if the debtor owns land that is known to have value. Often, the mere act of applying for a sale order will force an obstinate debtor to come to the table with a realistic payment proposal (or else face a forced sale of their property).

Other options

While not strictly intended for the purposes of debt collection, other potential avenues against a judgment debtor include bankruptcy in the case of an individual and the statutory demand process where the debtor is a company.

Have a judgment or money order in your favour? Contact us to discuss your enforcement options

If you have a judgment in favour and need assistance with enforcing it, we are always happy to have an initial discussion about your situation and the potential options available to you. Contact our litigation team today for expert advice.