Enforcement hearings - Civil
Is there a filing fee to apply for an enforcement hearing?
There is no enforcement hearing filing fee. However, relevant service fees apply if you choose to engage a bailiff to serve your enforcement hearing summons.
Will I have to attend the hearing if I am owed money?
Yes, the enforcement creditor is required to attend the enforcement hearing.
What happens if the enforcement debtor fails to attend the hearing?
If the debtor fails to attend and does not provide an adequate explanation, the creditor can request that the registrar order an enforcement hearing warrant for the debtor’s arrest.
Where does the enforcement hearing take place?
Enforcement hearings usually take place in the Magistrates Court where the money order or judgment was originally granted.
The creditor must offer money to cover travelling expenses (conduct money) if the enforcement debtor is required to attend court outside the district where they live or carry out business.
If you require an enforcement hearing to be conducted in a different Magistrates Court, you must file a sealed copy of the judgment at the preferred courthouse.
What information and documents can I request the enforcement debtor to provide?
Enforcement creditors can instruct the debtor to provide information and documents relating to:
- their assets (land, house, shares, stocks, bonds, vehicles and other property)
- their income, and name and address of their employer
- their debts
- their bank accounts
- any other relevant information regarding their financial position
- their means of paying the debt.
What can I do when I am satisfied with the information the enforcement debtor has provided?
When you (enforcement creditor) are satisfied with the information, you can apply for one of the following enforcement warrants:
- Seizure and sale of property
- Redirection of earnings
- Redirection of debt
- Regular redirection.