Hi all, looking for some practical advice.
I won a default judgment at the Small Claims Tribunal (SCT) for a few thousand dollars. The debtor has been given ample time to pay but has not done so.
From what I've read, SCT orders are enforced through the State Courts, and since 2021 you can file a single enforcement application in the District Court instead of multiple applications. But I'm not entirely sure of the step-by-step process.
What I understand my options are:
Garnishee proceedings to recover money directly from the debtor's bank account (if I can find their bank details).
Writ of Seizure and Sale (WSS) to have the them seize and sell the debtor's movable assets like equipment, vehicles, or electronics.
Examination of Judgment Debtor (EJD) to force the debtor to appear in court and disclose all their assets and bank accounts under oath.
What I'd like to know:
· Which of these has worked best for you in practice?
· What are the court fees for each option?
· What documents do I need to prepare for enforcement application?
· How do I actually file is it done through the eLitigation system or somewhere else?
· If I don't have the debtor's bank account details, is garnishee still possible?
· For WSS, how do I find out what assets the debtor has that are worth seizing?
· Roughly how long does each method take from filing to getting paid?
I'm aware that enforcement costs time and money, and there's no guarantee of recovery if the debtor has no assets. But I want to understand my options clearly before deciding.
Any advice from those who have been through the SCT enforcement process would be greatly appreciated. Thanks in advance.