Send in the Enforcer!
A further available enforcement option, when you have a Court or Tribunal judgment but no money, is to direct the bailiff, sheriff (or similarly named person) (“enforcer”) to seize goods to the value of your judgment, plus costs.
Throughout Australia, the role of the enforcer is to seize goods, sell those goods and then pay out various monies from the sale of those goods.
The enforcer acts on behalf of the judgment creditor. The judgment creditor is the person concerning whom the Court/ Tribunal has ordered be paid money. For the purpose of this blog entry, and although I have acted extensively on each side of the fight, I will assume that you are the judgment creditor.
The enforcer seizes and sells goods belonging to the judgment debtor. The judgment debtor is the person to whom the Court/ Tribunal has ordered to pay money. For the purpose of this blog entry, I will assume that your debtor is the judgment debtor.
After the sale of the seized goods of your debtor and various recovery and sale costs, the enforcer will remit the balance of monies to you.
This can be a cost effective resolution to recovering your money and, when it works as it should, it can have the desired effect of your debtor literally falling over themselves to pay you. This will not only return your money to you, but will often do so in an emotionally satisfying way.
Whilst not without its detractors, depending on the size of the debt and the unique features of your debtor, sending in the enforcer could well lead to showing you the money! If you want your money now, just remember to get the lawyer who revels in the fight to protect you, and GET WEINBERG!