Many people are surprised to learn that a judgment in their favour does not pay itself. If the other side does not comply voluntarily, the judgment has to be enforced through the court's execution process.
1. Opening the execution file
The creditor applies to open an execution file on the basis of an enforceable instrument — a final judgment, a payment order, or another document the law treats as enforceable. The court then notifies the debtor to comply within the time the law allows.
2. Finding assets
If the debtor does not pay, the execution court can request information about the debtor's assets from banks, vehicle and property registries and other authorities. This is often the decisive step.
3. Measures the court can take
- Attachment of bank accounts
- Attachment of vehicles, shares and real property, and their sale by public auction
- Attachment of amounts owed to the debtor by third parties, including salary within legal limits
- A travel ban, where the conditions the law sets are met
4. Settlement during execution
Many execution files end with a settlement — a lump sum or instalments. A settlement recorded before the execution judge is safer than an informal promise, because a default can be enforced immediately.
5. Disputes during execution
Both creditor and debtor can raise execution disputes — for example, where a measure exceeds what the law allows, or an asset belongs to someone else. These are decided by the execution judge.
Practical tips
- Open the file promptly after the judgment becomes enforceable.
- Share anything you know about the debtor's assets, employer or business.
- Consider a secured settlement if it brings payment sooner.
An advocate who follows the execution file actively — rather than waiting — is often the difference between a judgment on paper and money in your account.