Are you looking for information about enforcing a judgement in Queensland Courts?
Are you a creditor with a debtor that simply will not pay the debt they owe you, even after being instructed to by a legal body in Queensland?
If so, it is likely that you are extremely frustrated and probably think that you are out of options and will never be paid by this individual.
Fortunately for you, this is not necessarily the case!
Enforcing a judgement is another option for you to put that last little addition of pressure onto your debtor in the hopes that they will finally pay what they owe.
Enforcing a judgement can be quite difficult and hard to comprehend, however, so it is important that you do your research and collect enough information to sufficiently engage in this process.
The rules regarding enforcing a judgement are established in the Uniform Civil Procedure Rules 1999.
This article will discuss the basics of enforcing a judgement and share how it can help you to finally get paid by your debtor.
Look for information about enforcing a judgement in Queensland? Be referred to debt recovery lawyers on the Sunshine Coast
What is Enforcing a Judgement?
So, what exactly is an enforcing a judgement in Queensland?
Enforcement of a judgement occurs when a debtor has been ordered by a court or tribunal to make a payment to their creditor for the debt they owe.
If the debt has continued to be unpaid after this has taken place, the creditor will likely enforce the judgement.
How Can I Enforce a Judgement in Queensland?
So, now that you are aware of what enforcement of a judgement is, how may one go about making an enforcement judgement occur?
The process of enforcing a judgement is quite a lengthy one and can take an extended period of time to complete.
There are several steps that must be taken before the judgement will be enforced.
For starters, they must register the judgement with the court (if a different court or tribunal from the original judgement).
This may take place in a Queensland court in cases of interstate or Australian matters only if the debtor the enforcement will be placed on lives or has their business in the state.
Once the judgement has been registered, the enforcing creditor may then proceed to apply for an enforcement warrant.
This process must take place within 6 years of the enforcement judgement.
The court has the discretion to overrule the time limit only in matters where a valid reason for doing so is presented by the creditor and the extension has been applied for.
Once the creditor has obtained an enforcement warrant, they may have the enforcement made by a court.
The court used depends on the monetary value of the debt as each court has jurisdiction, meaning it does not necessarily have to take place at the court or tribunal the application was made in.
The jurisdiction for Queensland courts is as follows, each being the maximum value a court of that type can decide upon.
- Queensland Magistrates Courts: $150 000
- Queensland District Court: $750 000
- Queensland Supreme Court: In excess of $750 000
What is an Enforcement Hearing?
An enforcement hearing is an important part of enforcing a judgement and can help you, as a creditor, to gain some information and clarity about the whole matter.
People have a lot going on in their lives.
Sometimes, all of the expenses of living can take their toll and leave them unable to pay their debts in the manner agreed upon.
This is something that, of course, should be immediately communicated with their creditors.
However, rather it is fear or pride, this is not always the case. A creditor can call an enforcement hearing if they do not know the financial situation of their debtor and wish to learn more about it in order to manage the situation in the way they choose.
To begin the process toward an enforcement hearing, a statement of final position form (form 71) must be submitted to the debtor the hearing will address, also informing them that they should return it within the next 14-day period.
If this form is not returned within 14 days, the creditor may then take action to have a court order that the debtor must attend the hearing.
For this to be allowed by the court, the creditor must submit an Application (form 9), an Affidavit (form 46), and an Enforcement Hearing Summons (form 70).
Once either of the two above options has occurred, both the debtor and the creditor will be required to attend the court.
In the summons to the court, it may be requested that the debtor attends the hearing with specific documents that may assist with the matter.
The debtor must discuss their finances with the court to allow some clarity in the matter and the opportunity to resolve it.
Letter of Demand
Concerning enforcing judgements, it is recommended that before doing so you send a letter of demand to your debtor. But what is a letter of demand?
A letter of demand is a document sent to a debtor as a last warning prior to legal action.
It is a tool used for various purposes and can help greatly with your matter and receiving the payment.
When you send a letter of demand to someone, it practically tells them that you mean business and are no longer willing to wait for them to own up and pay the debt they owe as agreed.
This can work in several ways. Of course, this may scare the debtor into finally paying their debt, which resolves the matter without having to spend the time, money, and effort to bring the individual to court.
If it does not go this way, it can be used to show the court as evidence that you did all that you could to get them to pay their debt to no avail, which may sway the court to enforce the debtor to pay up.
Regardless of the ways in which it helps you, it establishes with the debtor that you have legal rights, and they have obligations that have been contractually created, and you are willing to use your rights to receive the payment.
It also states your claim, which can help you to finally receive a payment.
Enforcing a Judgement Key Takeaways
When a debtor does not pay despite specific instructions on various occasions to do so, it can be an extremely stressful and frustrating ordeal for the creditor.
Enforcing a judgement and the processes required to reach it can be extremely helpful in resolving the matter for both sides and ensuring the creditor receives payment.
If you wish to enforce a judgement or have had a judgement served on you, it is wise to employ the help of a lawyer to ensure you walk away with the best possible outcome for you!
Look for information about enforcing a judgement in Queensland? Be referred to debt recovery lawyers on the Sunshine Coast
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