Debt Recovery

You won in court. Now make the judgment pay

A court judgment is useful only if you turn it into action. The right enforcement step depends on where the money is and what the debtor still owns.
Corporate Recovery Partners
Black-and-white editorial image for payment disputes: You won in court. Now make the judgment pay
01 / 05

A judgment only helps if it can be enforced

Winning in court does not put cash in the bank by itself. If the debtor still will not pay, the next move is to find the enforcement step that matches their actual position. That might mean their bank account, wages, customer money, plant, or property. The wrong step burns time and cost.

Start by treating the judgment like an asset you now have to realise. If the debtor is trading, holding stock, or receiving regular payments, there may be a path to recovery. If they are asset light, you may need pressure that works on solvency. The point is to chase the money, not the paperwork.

02 / 05

First, find out what they actually have

An examination order is often the cleanest first move. It forces the debtor to answer questions about assets, income, accounts and liabilities. That can reveal whether there is a bank balance, equipment, trade debtors, or property worth targeting. It also helps separate a genuine inability to pay from deliberate delay.

Do not guess based on what they said in negotiation. Ask for the detail that matters. If you already know they are hiding behind excuses, the examination can give you leverage for the next step. It is not a recovery result on its own, but it can show where the money sits and what tool to use next.

Source: Official guidance

03 / 05

Use garnishee orders when the money passes through someone else

If the debtor has money in a bank account, or someone else owes them money, a garnishee order can redirect those funds to you. That is useful when the debtor still has income but keeps stalling. It can also be effective where the business is still operating and payments are flowing through third parties.

This is often the best choice when you know there is money moving, but not enough discipline to pay you voluntarily. It is a practical way to hit the source of cash rather than keep sending reminders. The value comes from timing, so act while the account still has funds and before the debtor shifts the flow.

04 / 05

If assets exist, seize the right one

A warrant to seize property is the blunt option, but it can be the right one when the debtor owns recoverable assets. Plant, vehicles, stock and equipment may give you a real recovery path. If the debtor has built up visible assets while ignoring your judgment, seizure may apply more pressure than another letter ever will.

It is not always the cheapest or fastest step, so it should be chosen with care. If the property has little value, is already secured, or is essential to the debtor’s business, the warrant may not produce much. Still, when the asset is real and reachable, this can be the tool that forces payment or settlement.

05 / 05

Use insolvency pressure when the debt meets the threshold

For an individual judgment debt of $10,000 or more, a bankruptcy notice can be an effective enforcement step. AFSA says a bankruptcy notice is based on a final judgment or order, and failure to comply can become an act of bankruptcy. For a company, a statutory demand may be the stronger path, subject to the current legal minimum in the legislation.

These steps are not just threats. They create real pressure because they can lead to bankruptcy or winding up if ignored. But they only make sense if the threshold is met and the debtor is the right type of debtor. If you are unsure which enforcement path will actually move the money, get the file reviewed now. CRP coordinates independent qualified professionals who can help you choose the right debt recovery option. Contact CRP today about enforcing the judgment.

Tell us about your situation

Contact us today for a private and confidential discussion.