Enforcement of a judgment debt: first steps
When a court has given judgment for a sum of money and it is not paid, the creditor has several enforcement options. These can include an instalment order requiring the debtor to pay by instalments, an execution order directed to the Sheriff or County Registrar to seize goods, a judgment mortgage registered against property, or an attachment of a debt owed to the debtor. Since the Civil Debt (Procedures) Act 2015, a person can no longer be imprisoned simply for failing to pay an ordinary civil debt.
Key facts
What to do
- Confirm you hold a final court judgment for a specific sum, including any awarded costs and interest.
- Consider a demand letter giving the debtor a final chance to pay before you incur enforcement costs.
- Choose an enforcement route appropriate to what the debtor owns or earns – instalment order, execution against goods, judgment mortgage, or attachment.
- For an instalment order, apply to the District Court; the court examines the debtor's means and can order payment by instalments.
- For execution against goods, obtain the appropriate execution order and instruct the Sheriff or County Registrar for the area.
- For property, a judgment mortgage can be registered against the debtor's interest in land.
- Keep records of all payments received and update the court if the debt is satisfied.
What to watch out for
- Enforcement costs money up front and there is no guarantee of recovery if the debtor has no assets or income.
- A debtor can apply to vary an instalment order if their means change.
- Since the Civil Debt (Procedures) Act 2015, imprisonment is not available for ordinary civil debt – enforcement is against means and assets instead.
- Judgments can become harder to enforce over time; take advice on any time limits that apply to your judgment.
Legal basis
Frequently asked questions
Can the debtor be sent to prison for not paying?
Not for an ordinary civil debt. The Civil Debt (Procedures) Act 2015 removed imprisonment as a consequence of simple non-payment and replaced it with enforcement measures such as attachment and deduction from earnings or benefits in appropriate cases.
What is an instalment order?
It is a District Court order, made after examining the debtor's means, requiring the debt to be paid off in instalments. It is a common first enforcement step for smaller judgments.
What if the debtor has no money or assets?
Enforcement can only reach assets and income that actually exist. If the debtor has nothing to seize and no income to attach, recovery may not be possible even with a judgment in hand.