Enforcement of Court Judgments and Orders
This chapter examines the various ways in which civil judgments can be enforced. Money judgments can be enforced by: (i) seizure of goods; or (ii) a third party debt order (that is, a ‘garnishee order’); or (iii) a charging order (against land), stop order (against securities or funds in court), or a stop notice (against securities); or (iv) by appointment of a receiver. Breach of injunctions will render the party in default a ‘contemnor’ and the contempt of court procedure (known as ‘committal proceedings’) can then be applied. In appropriate circumstances, a contemnor might be condemned by a civil court to pay a fine or be imprisoned or to have assets seized by the court’s enforcement officers (‘sequestration’ of assets). There are also mechanisms allowing judgment creditors to gain access to information concerning the judgment debtor’s assets.