Enforcement Proceedings

In Queensland, enforcement proceedings are one way to enforce a judgment (the other main two being bankruptcy proceeding or a statutory demand).

Enforcement proceedings only relate to judgments already obtained, usually in the Magistrates, District or Supreme Court of Queensland. Interstate and certain foreign judgments may also be enforced.

If you know certain assets that are owned by the person who owes you money (usually a residential property), then you can apply for a warrant for the court bailiff to seize and sell the property.

If you do not know the assets that are owned by the person who owes the money, then you can send a statement of financial position to them to complete, and if they fail to complete it, you can apply for an enforcement hearing to make them complete it by court order (or face criminal contempt of court charges).

Other warrants include:

  • Embellishing a person’s wages or income;
  • Taking money from their bank account;
  • Redirecting debt payments to you;
  • Payment of debt by instalments.

If you want to enforce a judgment contact Gibbs Wright Lawyers today.