Receiving any type of judgment by the Court in your favour in a debt recovery matter is a significant milestone—but unfortunately, it doesn’t always mean immediate payment from a debtor.

Fortunately, under the Uniform Civil Procedure Rules 1999 (Qld) (UCPR), creditors have several powerful enforcement options available to them to convert a judgment into actual recovery.

This article outlines the key enforcement methods available to creditors following the granting of a judgment in Queensland, helping you understand the practical steps you can take to recover what you’re owed.

1. Enforcement Warrants

The most commonly used method of enforcement is through a court-issued enforcement warrant, which allows a creditor to take specific action against a debtor’s property or income.

Below are some examples:

Warrant for Seizure and Sale of Property

An Enforcement Warrant for Seizure and Sale of property authorises a Court bailiff to seize and sell the debtor’s real or personal property to satisfy the judgment debt. This may include:

• real estate (e.g. investment or residential properties);
• vehicles;
• business assets; or
• personal items of value.

This method is often effective where the debtor owns unencumbered assets or where there is equity in real property.

Warrant for Redirection of Earnings

A Warrant for Redirection of Earnings directs the debtor’s employer to deduct a portion of the debtor’s wages and pay it directly to the creditor. This is particularly useful when the debtor is employed but lacks tangible assets.

The court will consider whether the redirection would cause undue hardship to the debtor or their dependents. As such, it’s essential to have an understanding of the debtor’s employment status.

Warrant for Redirection of Debts

A Warrant for Redirection of Debts allows the creditor to redirect a debt owed to the judgment debtor by a third party (e.g. a client or customer) directly to the creditor. For example, if someone else owes money to the debtor, that money can be redirected to you to satisfy your judgment.

This type of warrant can be effective in commercial disputes where the debtor has accounts receivable or is known to have outstanding invoices.

2. Charging Orders

Another enforcement option includes applying for a charging order over a debtor’s securities such as shares, units in a trust, or even partnership interests. This is less commonly used but can be effective where the debtor holds such investments.

3. Stop Orders and Garnishees

In addition to enforcement warrants, creditors may apply for:

• garnishee orders to intercept funds from bank accounts or financial institutions; or
• stop orders on trust monies, which can be particularly effective where funds are held in a solicitor’s trust account pending settlement of a property or other transaction.

Practical Considerations and Legal Assistance

Enforcement is not always straightforward. Key factors to consider include:

• whether the debtor is bankrupt or likely to declare bankruptcy;
• the legal costs versus the likely prospects of recovery; and
• whether assets are jointly owned or encumbered.

Each enforcement method requires careful legal analysis and procedural compliance under the UCPR. At Rose Litigation Lawyers, we guide our clients through this process to ensure the best chance of recovery with minimal delay.

Conclusion

Securing a judgment is only part of the recovery process. With the enforcement tools available under the UCPR, creditors have several powerful options available to them to pursue repayment.

If you’ve obtained a judgment and are unsure how to enforce it, contact our experienced litigation team today. We’re here to help you take the next step toward recovering your debt.

The content of this publication is intended to provide a summary and commentary only. It is not intended to be comprehensive nor does it constitute legal advice, and has been prepared based on applicable legislation and case authority at the date of publication. You should seek legal advice on specific circumstances before taking any action.