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
      • Privacy Policy
      • 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
      • Privacy Policy
      • 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
    Fire guts Calliaqua Police Station, Officers relocate to Town Hall
    Breaking News
    Fire guts Calliaqua Police Station, Officers relocate to Town Hall
    Forrest 
    March 14, 2026
    Staff at the Calliaqua Police Station have relocated to the upper floor of the Calliaqua Town Hall after fire gutted the police station early Friday e...
    UNITED WE STAND, DIVIDED WE FALL
    Our Readers' Opinions
    UNITED WE STAND, DIVIDED WE FALL
    Jada 
    March 13, 2026
    In recent times we have been hearing the curious notion being peddled that it is not necessary for Caribbean Community (CARICOM) member states to have...
    Increasing the Age of Consent: Righteous and Wrong
    Our Readers' Opinions
    Increasing the Age of Consent: Righteous and Wrong
    Jada 
    March 13, 2026
    We applaud the Hon. Minister of Family and Gender Affairs, Laverne Gibson-Velox, for her innocent and good intention to address our adolescent sexual ...
    Prime Minister Drew Salutes St. Kitts-Nevis Defence Force New Recruits
    Press Release
    Prime Minister Drew Salutes St. Kitts-Nevis Defence Force New Recruits
    Jada 
    March 13, 2026
    Basseterre, Saint Kitts, March 13, 2026 (SKNIS) — Prime Minister the Honourable Dr. Terrance Drew, delivered the featured remarks at the Passing Out C...
    The Imperative of South–South Cooperation for Developing Countries
    Our Readers' Opinions
    The Imperative of South–South Cooperation for Developing Countries
    Jada 
    March 13, 2026
    By Deodat Maharaj Gebze, Türkiye Multilateralism as we know it is going through a seismic shift. Old alliances are being tested with clearly defined s...
    CARPHA Partners with the University of Oslo to Advance GIS and DHIS2 Capacity for Stronger Regional Public Health Surveillance
    Press Release
    CARPHA Partners with the University of Oslo to Advance GIS and DHIS2 Capacity for Stronger Regional Public Health Surveillance
    Jada 
    March 13, 2026
    Port of Spain, Trinidad and Tobago. March 03, 2026. The Caribbean Public Health Agency (CARPHA), in collaboration with the University of Oslo, success...
    News
    First Female Inspector of Police to be buried tomorrow
    News
    First Female Inspector of Police to be buried tomorrow
    Forrest 
    March 13, 2026
    She hails from the Marriaqua Valley. Aurora H.Falby, who made history as the first female in the Royal St Vincent and the Grenadines Police Force to b...
    ULP revolutionised Health Care, says Opposition Leader Ralph Gonsalves
    News
    ULP revolutionised Health Care, says Opposition Leader Ralph Gonsalves
    Forrest 
    March 13, 2026
    Leader of the opposition Unity Labour Party, Dr. Ralph Gonsalves, praising a recent experience at the Byera Health Center, said the health system unde...
    Partnership necessary to grow the economy – PM
    News
    Partnership necessary to grow the economy – PM
    Forrest 
    March 13, 2026
    Prime Minister Dr. Godwin Friday, said he would like to make it “very clear” that the government cannot “basically” be the driving force in the econom...
    PM still guarded on question of permission for US operations in SVG waters
    News
    PM still guarded on question of permission for US operations in SVG waters
    Forrest 
    March 13, 2026
    Prime Minister Dr. Godwin Friday, side swiped a question whether this country had given the green light to the United States of America to carry out m...
    Bad behaviour in mini-buses high on police complaints list
    News
    Bad behaviour in mini-buses high on police complaints list
    Forrest 
    March 13, 2026
    Most people who attended the first Customer Appreciation Day initiative, hosted by the traffic department of Royal St Vincent and the Grenadines Polic...

    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