Enforcing a court judgment
When a person or entity obtains a monetary judgment in the High Court, enforcement may be required if the debtor does not voluntarily pay.
This guide explains the process of obtaining a judgment and the available enforcement, registration, and satisfaction options.
1. How to Obtain a Monetary Judgment
There are different ways to obtain a judgment for a monetary debt in the High Court, depending on the nature of the claim.
Summary Judgment
If the debt is for a specific amount and there is no defence to the claim, a summary judgment may be obtained through a summary summons. This process is typically used for debts based on contracts, loans, or unpaid invoices.
To obtain summary judgment, the claimant must:
- File a motion before the High Court.
- Submit an affidavit proving the debt is due.
If the application is granted, the judgment is issued without the need for a full trial.
More details on summary judgment
Judgment in Default
If a defendant does not respond within the required timeframe, the claimant may apply for a judgment in default in default by:
- Filing an affidavit of service proving that the summons was properly served.
- Submitting an affidavit verifying the amount owed.
- Applying to the Central Office for judgment.
This allows a creditor to obtain judgment without a hearing if the debtor fails to engage in the proceedings.
Judgment Following Trial
If a case proceeds to trial, the judge will decide the claim and issue a formal judgment, which will then be recorded and available for enforcement.
2. After Judgment: Enforcement, Registration, and Satisfaction
Once a judgment is obtained, the creditor may take further action if the debtor does not voluntarily pay. The main enforcement options are:
Execution of Judgment
A creditor can enforce the judgment through various legal mechanisms, including:
- Execution Order – A sheriff or county registrar may seize goods to satisfy the judgment debt.
- Garnishee Order – A court may direct a third party (such as a bank) to pay funds owed to the debtor directly to the creditor.
- Judgment Mortgage – The judgment may be registered against the debtor’s property, affecting their ability to sell or transfer ownership.
The High Court may also grant committal orders, requiring debtors to appear before the court to explain their failure to comply with the judgment.
More details on execution of judgments
Registration of Judgment
If a judgment remains unpaid, it can be registered in the Central Office and noted in public records, which may affect the debtor’s creditworthiness.
To register a judgment, the creditor must:
- Apply to the Central Office.
- Submit a copy of the perfected judgment order.
Registration may also allow the judgment to be enforced internationally under certain treaties and EU regulations.
Satisfaction of Judgment
Once the debt is paid in full, the creditor must notify the Central Office. The debtor may then apply to have the satisfaction recorded in court records.
If a creditor refuses to acknowledge payment, the debtor can apply to the court to have satisfaction officially recorded.
