Winning your case in court does not mean you actually get paid.
Usually, the successful party must take steps to enforcement the
judgment in order to actually get paid.
From 14 April 2014 changes will take effect, which are designed
to make enforcing a debt quicker, simpler and more cost
Depending on what Court you obtain judgment from, different
enforcement options are available.
• Order for Examination: An Order for Examination is a hearing
at Court where the debtor is required to present their financial
situation to the Court.
From 14 April, more options will be available to assess the
financial means of a debtor. This can now be based on financial
information filed by either party. This may also be completed by
phone, without the creditor being present, and without the need for
a formal hearing.
• Attachment Orders: An attachment order requires the debtor's
employer to deduct a portion for their wages or benefit and send
that deduction to you.
Previously, an attachment order could only be obtained following
an Order for Examination. From 14 April, either party will be able
to apply for an attachment order, without an Order for Examination
Attachment orders will also be able to be agreed by both parties
at a District Court, Tenancy Tribunal or Disputes Tribunal
Other enforcement options
• Distress Warrant: If an application is made, the Court will
send a bailiff to the debtor's address to demand payment. If no
payment is made, the bailiff can seize assets in lieu of
• Garnishee Proceeding: If you know that someone else owes the
debtor money, you can apply to the Court to get an order for that
person to pay the money to you instead.
• Charging Order: If the debtor owns property, you can apply to
have a notice put on the title to their property, preventing them
from selling the property until the debt is paid.
If someone owes you money, come and talk to our debt collection
team who can advise you on your debt enforcement options.