Court Enforcement
A person cannot generally be arrested or imprisoned for non-payment of debt. The County Court can commit a person to prison until payment is made for a period not exceeding six weeks., if he makes default on payments due on foot of a County Court or Magistrate’s Court Judgment, payment of instalments due under an EJO Instalment Order.
The Court can act until the EJO enforcement has first been sought. No Order can be made unless it is proved that the person has or would have had before the first default the means to pay the debt or instalments and has reflected or neglected or refused to do so. The debtor may be summonsed and examined on oath as to his means. There is still discretion to refuse an Order.
On an Application, the Judge may make an Order of committal but this is rarely done. An Order of committal is stayed on terms that the debtor pays by instalments. An Order may direct payment by instalments and dismiss the Application. An Order directing instalments and may adjourn the hearing with default.
Attachment of Earnings Order although the Court may commit, it is more likely to commit where an opportunity has been given in default of instalments. A committal order is valid for a year. The debtor is released when he has paid the debts or instalments. He must be released after six weeks if he hasn’t paid. Imprisonment does not extinguish the debt.
It is contempt to default in payment under a Court Order to pay money in the following circumstances. The Court may commit until payment for a period not exceeding a year, or until payment if later. There is power to rescind or amend an Order. The debtor is released when the money is paid. No person can be imprisoned for more than one year. The debtor is released after six weeks if he hasn’t paid. Imprisonment does not extinguish the debt.
It is contempt to default in payment under a Court Order to pay money.
It is contempt to default on payment under a Court Order to pay money in the following circumstances: the Court may commit until payment for a period not exceeding a year, to pay a penalty under the law, trustee to account for assets in his control, solicitor to pay costs of misconduct in a professional capacity.
The High Court and County Court have powers to enforce decrees and Court Orders by committal. High Court and County Court Injunctions may be enforced by committal. A person shall not be deprived of their liberty other than for non-compliance with a lawful Order to secure the fulfillment of a legal obligation.
An Injunction for civil matters is enforceable by an action. An Application for committal by way of civil consent, provided its wording is coercive. A person who deliberately refuses to comply with a Court Order is guilty of criminal contempt. Persons who assist or abet such a person to disregard an Order may also be liable.
A person actually aware of a Court Injunction may be bound by it, as may persons who aid and abet it. Notice does not necessarily have to be served. A person liable on a non-monetary Judgment can be summoned to attend Court to be examined in aid of enforcement. An Order for possession of land is enforced by the EJO.
An Application may be made to have the chief clerk endorse a certified copy of the decree with an appeal notice. This must be served on the respondent.
Courts may order substituted service or dispense with service if this is just. This will generally be exceptional, such as when the defendant is evading service and is aware of it. The Application is to punish non-performance of the Injunction by [missing text].
The notice is served on the person to be committed, who is the party in default. It must give a description of the contempt. The contempt must be proved beyond a reasonable doubt. The Judge can summon and call witnesses.
A person can be committed to prison for a fixed period not exceeding two years or impose an unlimited monetary fine. They may accept an undertaking from the person concerned to comply. It can suspend committal on stated terms. At the end of the term, the offender is released. A person may be released if he purges his contempt or further detention is useless.
A Judge may hear an Application allowing time to discharge a person in custody committed for contempt. Notice must be served on the opposite party unless the Judge decides otherwise.
If a person refuses to comply with a mandatory Order, Injunction, or specific performance, the Court may order the act to be done by someone else. If, for example, a conveyance or Order is not signed, a Court officer may be appointed to undertake the signing.
Sequestration is where a sequestrator enters lands and premises of personal contempt to seize property, rents, or profits. This is done under the Order is complied with. The funds may be appropriated in satisfaction of the Judgment.
It may be employed to enforce compliance with a money Judgment or do an act. The procedures of Application are broadly the same as committal. There must be a penal notice. In the penal proceedings up above, the penal endorsement must first be endorsed.
The Court may enforce by sale or granting possession of land, possession of a charge on land by the EJO. Any such charges are subject to all prior interests unless the creditor shows he had no actual or constructive notice. The charge may be subject to a spouse’s right.
A creditor makes an Application to the High Court or County Court for the purpose of a sale. The restrictions on possession in the administration of Judgment Acts do not apply. There is discretion for the EJO to refuse to enforce possession if it is not fair and reasonable.
The EJO may apply to enforce a Judgment by making a Stop Order freezing funds. An Application may be made to Court to apply the funds in satisfaction of Judgment or Order.
If another claims interest in property taken from the debtor, an application may be made to the EJO. It may refer a hearing to Court.
A claim for a debt due can be the subject of a statutory demand in bankruptcy under companies or bankruptcy legislation.