Enforcement
Once judgment has been entered against the debtor the following procedures can be used to recover the debt:
1.1 Writ for the Levy of Property:
The sheriff will attempt to seize and sell the debtor’s property to appease the judgment debt. A further sheriff’s fee of $86 will be charged for each additional execution attempt. A sheriff’s fee of $50 is also payable upon seizure of the debtor’s property. These costs are recoverable as part of the judgment debt.
1.2 Garnishee Order:
A garnishee order is an order that the debtor’s bank or employer pay money held in their account or wages owed to them directly to you.
1.3 Examination Order:
An examination order is an order that the debtor attend court to be examined on their ability to pay the debt (including details of any bank accounts and property owned by them). If the debtor fails to attend the examination hearing an arrest warrant can be issued against them requiring them to attend court to be examined.
1.4 Winding Up proceedings and Bankruptcy proceedings
Roser Lawyers is capable of acting in winding up proceedings (for debts owed by companies that are over $2,000) and bankruptcy proceedings (for debts owed by individuals that are over $5,000). Details of the process and costs of these can be provided upon request.