Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
November 26, 2004

Enforcement of judgments

In my last article the emphasis was on the various methods of enforcing a money judgment. The most commonly used being a writ of fieri facias, appointment of receiver and garnishee proceeding. Enforcement of orders could also be obtained for the possession of land, delivery of goods and payment of money into court. Enforcement orders requiring a person or body corporate to do an act within a specified time or not to do an act may also be obtained.{{more}}

An order for the recovery of land and property may be enforced by means of a writ for possession, a committal order or sequestration of assets order. Sequestration or committal orders may only be imposed if the debtor was required to do or not to do an act within a specific time on a specific day and the order was served personally on the debtor. The court will give the debtor a reasonable time to perform the act.

The order must carry a penal notice to the effect that if the person fails to comply with the order, proceedings for contempt of court may be commenced and the person may be liable to be imprisoned. A similar notice is given on an order to a corporate body but the liability to imprisonment is not included. It would, however, be included if an officer of the corporation is named in the order. The penal notice is often typed in bold letters at the end of the order.

Enforcement orders against the judgment debtor for the possession of goods may be enforced by a writ for delivery, committal or sequestration of assets order. These are, however, dependent on the type of judgment granted by the court. If the judgment debtor is given a choice to deliver the goods or to pay the assessed value of the goods then enforcement would be by way of writ. If no choice is given then enforcement order may be for committal or sequestration of assets. Committal orders could also be obtained if the judgment creditor applies to the court requiring the judgment debtor to deliver goods by a specified time and date.

Conclusion

Enforcement is vital for the authority of the court otherwise its judgment would be hollow and ineffective. The writ of fieri facias is the most common form of enforcement. However, there are risks involved as items in the possession of the judgment debtor and belonging to another may be seized to satisfy the judgment debt. The bailiff has a right to seize money, goods or chattel found on the judgment debtors premises but not that belonging to another. Nonetheless, if money, goods or chattel of a third person are seized the owner may approach the court for relief. Notice must be given to the registrar and the appropriate application will be made to the court.

It must be noted that expenses are incurred in executing a judgment order. Expenses are usually defrayed by the judgment debtor. Meanwhile, interest could be accumulating on the debt. Hence it may be prudent to meet the judgment debt as early as possible to avoid the added expenses.



  • FacebookComments
  • ALSO IN THE NEWS
    79-Year Old dies following Overland bus incident
    Front Page
    79-Year Old dies following Overland bus incident
    Webmaster 
    April 2, 2026
    A 79-YEAR OLD woman of Sandy Bay died in hospital following a minibus incident in Overland on Thursday, March 26, 2026, and her sister, on hearing the...
    Front Page
    Police facing theft charge also under investigation allegedly for attempted murder
    Webmaster 
    April 2, 2026
    A POLICE CONSTABLE, who has been charged with theft, is currently being investigated for attempted murder. Phillip Arrindell of Layou appeared at the ...
    US promises no backlash to Caribbean countries that refuse Third Country Deportees – Leacock
    Front Page
    US promises no backlash to Caribbean countries that refuse Third Country Deportees – Leacock
    Webmaster 
    April 2, 2026
    CARIBBEAN COUNTRIES WHO refuse to take third country deportees from the United States of America (USA) have been promised that they will not receive a...
    Front Page
    COP to fisherfolk: ‘There is no threat to you going to sea to ply your trade’
    Webmaster 
    April 2, 2026
    VINCENTIANS WHO USE THE SEA to make an honest living are being asked to continue doing so without fear of being blown out of the water by United State...
    Teen on bail after alleged cutlass attack on stepdad
    Front Page
    Teen on bail after alleged cutlass attack on stepdad
    Webmaster 
    April 2, 2026
    A 16-YEAR- OLD was granted bail in the sum of $10,000 after he was charged with inflicting injuries on his stepfather’s hands with a cutlass. Tyrik Ma...
    Sculpture Mural unveiled at Peace Memorial Hall
    News
    Sculpture Mural unveiled at Peace Memorial Hall
    Webmaster 
    April 2, 2026
    THE DEPARTMENT OF Culture, in collaboration with the Peace Memorial Hall, officially unveiled the first ever large-scale sculptural mural in St.Vincen...
    News
    Sculpture Mural unveiled at Peace Memorial Hall
    News
    Sculpture Mural unveiled at Peace Memorial Hall
    Webmaster 
    April 2, 2026
    THE DEPARTMENT OF Culture, in collaboration with the Peace Memorial Hall, officially unveiled the first ever large-scale sculptural mural in St.Vincen...
    Efforts underway to ensure safe communities, says PM Friday
    News
    Efforts underway to ensure safe communities, says PM Friday
    Webmaster 
    April 2, 2026
    PRIME MINISTER, Dr. Godwin Friday, has issued a statement addressing a series of recent incidents of violence, public disorder, and growing concerns a...
    UN SG calls for attacks on Peace Keepers to stop
    News
    UN SG calls for attacks on Peace Keepers to stop
    Webmaster 
    April 2, 2026
    UN SECRETARY-GENERAL Antonio Guterres, has strongly condemned an incident that led to the killing of two Indonesian peacekeepers of the United Nations...
    NSPD honours past president in annual walk
    News
    NSPD honours past president in annual walk
    Webmaster 
    April 2, 2026
    THE NATIONAL Society of Persons with Disabilities (NSPD) in St.Vincent and the Grenadines (SVG) held its annual Melanie McKenzie Educational and Medic...
    Lynx to play ‘Who Remember those Days’ for Vincy Mas 2026
    News
    Lynx to play ‘Who Remember those Days’ for Vincy Mas 2026
    Webmaster 
    April 2, 2026
    SIX SECTIONS, ALL representing some aspects of the way Vincentians live, will be turned into costumes when the Lynx Mas Band makes it presentation for...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok