Introduction

This page provides information for people who are owed money after making a small claim through the Local Court.

If the court decides a person or organisation, known as the debtor, owes you money, they should pay you immediately.

If they don’t, there are several court processes you can use to get your money. This is also called enforcing judgment.

These are: 

  1. Being paid in instalments – known as an instalment order.
  2. Seizing the debtor’s goods.
  3. Being paid directly from the debtor’s earnings – known as an attachment of earnings order.
  4. Being paid by someone who owes the debtor money – known as a garnishee order.

Some of the costs of enforcing judgment can be added to the amount owing. For example, you can only claim certain amounts for the bailiff fee. A bailiff may charge more than you are able to to claim.

A debtor cannot be fined, imprisoned or arrested for non-payment of debt.

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Last updated: 28 November 2017