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
    Pharmacist in Calder shooting granted $30,000 bail
    Front Page
    Pharmacist in Calder shooting granted $30,000 bail
    Webmaster 
    October 17, 2025
    A Pharmacist, charged with attempted murder, has been granted bail in the sum of $30,000. Esworth Lewis, who is alleged to have shot a man about his b...
    Bigger things in store  for former SVG Consul General to Toronto – PM
    Front Page
    Bigger things in store for former SVG Consul General to Toronto – PM
    Webmaster 
    October 17, 2025
    A higher posting will be offered to former SVG Consul General to Toronto, Fitz Huggins, who recently demitted office. Huggins concluded his ambassador...
    Venezuelans  remain resillent, determined  despite massive sanctions by US
    Front Page
    Venezuelans remain resillent, determined despite massive sanctions by US
    Webmaster 
    October 17, 2025
    Over $20 billion in Venezuelan assets abroad remain frozen, while the country has suffered a 99% loss of foreign income since February, 2014. But desp...
    PM not ready to ‘ring the bell’ at ULP Layou rally
    Front Page
    PM not ready to ‘ring the bell’ at ULP Layou rally
    Webmaster 
    October 17, 2025
    While many may have felt the date for the general elections in St. Vincent and the Grenadines would have been announced at the Unity Labour Party’s ‘W...
    Schools get in on World Food Day celebrations
    Front Page
    Schools get in on World Food Day celebrations
    Webmaster 
    October 17, 2025
    World Food Day, celebrated annually across the globe on October, 16, to commemorate the date of the founding of the United Nations (UN) Food and Agric...
    Mitres makes history as inaugural Semi-Pro Netball Champions
    Sports
    Mitres makes history as inaugural Semi-Pro Netball Champions
    Webmaster 
    October 17, 2025
    Mitres Netball Team wrote their name into local netball history, when they captured the inaugural Semi-Professional Netball League title on Wednesday ...
    News
    More than 1000 families have received appliances says PM
    News
    More than 1000 families have received appliances says PM
    Webmaster 
    October 17, 2025
    The government’s allocation of $1.5 million in the 2025 budget to provide essential household appliances, including refrigerators, stoves, and washing...
    Urban transformation to follow Kingstown Port opening
    News
    Urban transformation to follow Kingstown Port opening
    Webmaster 
    October 17, 2025
    Minister with responsibility for urban development, airports and seaports, Senator Bernarva Browne, is looking forwards to the start of much bigger th...
    New York Times claims cocaine washed up in Grenadines
    News
    New York Times claims cocaine washed up in Grenadines
    Webmaster 
    October 17, 2025
    On October 14, 2025, The New York Times, in an article headlined “Drug Smugglers Change Supply Routes to Evade U.S. Warships”, showed a photograph of ...
    This election is a galaxy of stars, says Gonsalves
    News
    This election is a galaxy of stars, says Gonsalves
    Webmaster 
    October 17, 2025
    The upcoming general elections in St Vincent and the Grenadines will be about the ability of the political candidates to shine. That is the conclusion...
    Vote without fear – Senator John
    News
    Vote without fear – Senator John
    Webmaster 
    October 17, 2025
    Electors waiting to vote in the next general elections are being asked to do so without fear as the ballot is secret and no one can know who you voted...

    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