Judgement Debt Fact Sheet

A Judgement Creditor can enforce the claim by:
1. Writ of Execution: The judgment creditor can send the Court Bailiff to your home to remove items to settle the debt. The Bailiff cannot force entry to your home but can force entry into your shed or garage.
The bailiff cannot take or sell:

1. Your bedroom or kitchen furniture or
2. Your tools of trade (up to $500 in value) or
3. Goods which are not yours.

2. Garnishee Order: The judgment creditor can ask the Court to "garnishee" your wages or bank account. This is a court order telling your employer or bank manager to give your money to the judgment creditor and not to you.
3. Examination Summons: If you receive an examination summons you must go to Court and tell the judgment creditor all about your income and assets. If you don't turn up the Court can ask the police to bring you to the Court on a warrant. If you lie in Court, you can be fined
4. Writ Against Land: If the debt is more than $3,000 and is not covered by the sale of your goods, a court can order the sale of your real estate, including your home
5. Bankruptcy: If the judgment debt is over $2000 the creditor can apply to the Federal Court to have you declared bankrupt. Contact Debt Fix for alternatives to Bankruptcy on 1300 332 834

If judgement has been found against you and you want to pay in instalments, fill out a form at the Local Court "confessing" to the debt and applying to pay by instalments.
You must provide details of your income and assets. If the Court agrees to your application:

1. you must keep up the payments or the creditor will take further legal action
2. interest may be charged on the debt until it is fully paid
3. you will have to pay the creditor's costs for the Statement of Liquidated Claim, their cost for service of the Statement of Liquidated Claim and their lawyers costs