What Happens After a Court Has Granted Civil Judgment ?
There are many articles and reading about how to get to court and the process involved therein, however very little in comparison to what happens after a court has actually granted a judgment and how this can thereafter be enforced.
The Court Order
Once a court has granted judgment in a civil matter, there will be an accompanying court order which will be signed and stamped by either a magistrate, judge or registrar depending on where the matter was heard and the nature of how the matter was heard.
With this court order, the civil matter now has a judgment creditor and judgment debtor, the former being the person in whose favour the judgment was granted and the latter the one to pay the judgment debt.
The judgment debt is herewith immediately payable by the judgment debtor to the judgment creditor (usually via the creditor’s attorney’s trust account).
Settling The Debt
The judgment creditor should preferably immediately settle the whole amount, however, this may not always be practically possible due to the financial situation of the debtor and the availability of funds to the debtor.
If the debtor does not pay the debt, the next steps are as follows:
Sheriff
The judgment creditor may have a warrant of execution drafted and issued at court which entitles the Sheriff of the Court to go to the specified address of the debtor and have movable (or immovable) assets attached and auctioned to settle the debt.
Section 65 enquiry
Should the debtor not have the assets to settle the debt, the creditor may approach the court to have an inquiry into the financial status of the debtor and it then lies with the court as to how much the debtor can afford to pay off against the debt. At this stage, depending on the circumstances, an emoluments attachment order or garnishee order can be made by the court.
Final Word
Here at Du Toit’s Attorneys, we have vast experience in enforcing civil judgments, should you have any questions or require assistance in this regard, give us a call so we may set up a consultation in an attempt to assist you in a personal and professional manner to have your judgment enforced.
