We understand your situation
At the end of a lawsuit, if the losing party does not wish to follow the Order of Court, you may need to enforce your Order of Court. This process is known as Enforcement Proceedings. At Emerald Law, our lawyers will be able to assist you and advise you on the best way to enforce your claim.
Talk to us today, there’s no cost for our consultation.
Speak to a lawyer now
CONTACT US TODAY
Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.
In Singapore, after you have obtained an Order from the Court, the opposing party may not comply with the Order of Court. In such an event to enforce the Order of Court, you would need to commence enforcement proceedings.
In Singapore, you have the following options:
- Examination of Judgement Debtor
- Garnishee Proceedings
- Bankruptcy Proceedings
- Winding Up Proceedings
- Writ of Seizure and Sale
- Committal Order
Enforcement proceedings are extremely technical; these are applications that should not be taken lightly as mistakes made could mean adverse costs orders being made against you or even having your application dismissed entirely.
By having the assistance of our legal professionals, you have access to our experience and advice which can aid you in making the right decision.
Examination of Judgement Debtor is an inquiry to identify, assess and evaluate the assets of a Judgment Debtor.
The Judgement Debtor would be compelled to disclose, inter alia, their bank accounts, list of assets, list of debtors and creditors.
This application allows you to identify the best way for you to proceed in order to enforce your judgement. We can advise you on the best strategies to enforce your judgment debt, such as whether you should you take out a garnishee application to take out the monies in their bank account or should you take out a writ of seizure and sale of their possessions.
A Garnishee Application is a Court order made against a 3rd party, such as a bank or an employer of the defendant, to pay or to transfer monies directly to the Judgement Creditor in satisfaction of the Judgment debt.
Essentially, if you are successful in your Garnishee Application, the Court can order the 3rd party (such as a bank or an employer) to release funds owing from the 3rd party to your debtor to you directly, thus preventing any non-compliance or delays from the judgment debtor
If your Debtor owes you a minimum sum of S$10,000.00 (if your debtor is a company) or S$15,000.00 (as an individual), you may commence bankruptcy proceedings against them.
Winding up a company is the process where the assets of the Company are taken and “sold”, and the proceeds from the sale are used to pay the debtors and the liability of the Company.
To succeed in a Winding Up application, you must show that a company is insolvent, this means that the Company is unable to pay its debts in full within a period of twelve months.
A Writ of Seizure and Sale allows a Judgement Creditor to take possession of the Judgement Debtor's assets which will be sold. The proceeds obtained from the sale of the assets will be used to pay off the Judgement Debt, and if there is any excess money, it will be returned to the Judgement Creditor.
It is important to take note that there are certain items that cannot be taken; some examples are:
- Tools of the trade which is needed by the Judgement Debtor to carry on his trade.
- Shares that the Judgement Debtor has in a partnership business;
- Clothing, household items with a value of each item not exceeding S$1,000.