You have won your case. How do you get paid?

Many successful litigants are surprised that the debtor simply does not pay. The Civil Procedure Act (Cap. 21) and the Civil Procedure Rules provide tools to enforce.

Execution options

• Attachment and sale of movable property through a licensed auctioneer, under a warrant of attachment.
• Attachment of land, with a prohibitory order and eventual sale.
• Garnishee proceedings — directing a bank or third party holding the debtor’s money to pay you.
• Committal to civil jail — available in limited circumstances, after a notice to show cause.

Before executing

1. Extract the decree and have costs taxed or agreed.
2. Find the debtor’s assets: bank accounts, vehicles, land searches.
3. Choose the most effective method.

Judgments against the government

Government assets cannot be attached. Instead, obtain a certificate of order against the government and serve it on the Attorney General and the accounting officer. If payment is still not made, mandamus may be sought.

Practical tips

• Act within the limitation period for enforcing judgments.
• Consider negotiating a payment plan recorded as a consent order.

This article is general information, not legal advice on your situation.

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