Enforcing a Judgment Debt in Western Australia

So you have a judgment order proving a debt.

Now what?

What can you do where the debtor or their assets are in Western Australia?

The Civil Judgment Enforcement Act 2004 provides a framework for recovery when judgment orders are not followed.

To enforce a judgment debt in Western Australia, a creditor can apply to pursue various enforcement methods such as a means inquiry, property seizure, or earnings appropriation, to collect the debt or enforce a non-monetary judgment.

Typically the process involves lodging a Form 6 Application under the Civil Judgments Enforcement Act 2004 with the appropriate court (Magistrates, District, or Supreme) and paying the application fee.

The application must be made within 12 years of the original judgment, however, after 6 years, the creditor may need to obtain court leave before applying for enforcement.

It may be necessary to first register the order with the court if the judgment is from another jurisdiction or is from a tribunal or other body that is not a Western Australian court.

PRIMARY ENFORCEMENT METHODS:

Means Inquiry:

This involves have the debtor or someone for the debtor (for example, a director in the case of a company) attend court to disclose the debtor’s financial circumstances (assets, income, liabilities, and expenses) under oath and to determine what, if anything, the debt can afford to pay. If means are identified, the court can then make further orders to enforce the judgment, such as a ‘time to pay’ and/or ‘instalment’ order.  

Property Seizure and Sale Order (PSSO):

The court can issue a writ or warrant authorizing the Sheriff or bailiff to seize and sell the debtor’s property to satisfy the debt.

Property Seizure and Delivery Order (PSDO):

The court can issue a writ or warrant authorizing the Sheriff or bailiff to seize and deliver the debtor’s property to another.

Earnings Appropriation Order:

The court can order the debtor’s employer to deduct a portion of their wages each pay period and pay it to the creditor.

Debt Appropriation Order:

The court can order a third party who owes money to the debtor to pay that money to the creditor instead of the debtor.

COURT’S ROLE IN ENFORCEMENT:

The court has a supervisory role in the enforcement process, ensuring that it is conducted fairly and effectively.

The court can make additional orders to assist in the enforcement of a judgment, such as ordering the debtor to provide documents or evidence.

The court can also deal with issues such as contempt of court or issuing warrants for non-attendance.

SUMMARY OF KEY CONSIDERATIONS:

Judgment Requirement: Before using any enforcement method, the creditor must have a judgment registered with a Western Australian court.

Time Limits: The creditor has 12 years from the date of the judgment to enforce it, but may need the leave of the Court to pursue after 6 years.

Legal Advice: It’s advisable to seek legal advice from a qualified lawyer for guidance on the specific circumstances of the debt and the most appropriate enforcement method(s).