Enforcement of Court Judgments and Orders in Singapore

After winning a lawsuit in the Small Claims Tribunals (SCT), the Magistrate’s Court, District Court, High Court, or the Court of Appeal, the winning party (also known as the judgment creditor) has to enforce his court judgment or order in order to obtain the relief he is seeking against the judgment debtor. Otherwise, without taking action to conduct enforcement, the court judgment or order will not take effect.

Generally, to enforce a judgment, a judgment creditor has to take out a single application for one or more enforcement options.

This article briefly illustrates the different types of enforcement options available to a judgment creditor.

Preliminary Issues

Before embarking on formal enforcement, you will need to consider the following issues:

1. Whether the judgment debtor is willing and able to pay;
2. Where the assets of the judgment debtor are located; and
3. Whether it is tactically advantageous to give time for the judgment debtor to pay, or to move quickly to prevent the dissipation of assets.

Small Claims Tribunals – Order of Tribunal

An order of tribunal obtained from the SCT ordering money payments to be made by the respondent (or judgment debtor), also known as a money order, will generally be coupled with a deadline for payment. If the respondent does not pay, you will have to take up separate enforcement proceedings against him or her.

Letter of Demand

Prior to taking up enforcement proceedings, the judgment creditor should contact the judgment debtor or otherwise send a letter of demand (with the assistance of a lawyer, if necessary) requiring payment to be made before a certain time.

As for SCT actions, the respondent would already have access to the order of tribunal and the stipulated deadline for payment – in that case the judgment creditor should contact the judgment debtor to agree on a payment plan and an amicable resolution.

If the judgment debtor remains defiant or otherwise refuses to comply, and appears to possess sufficient assets of value, enforcement proceedings may be taken. The two most common types of enforcement proceedings are garnishee proceedings, which allows the judgment creditor to seize the debt from the debtor’s bank account, and the issue of a writ of seizure and sale. Other enforcement methods are also listed below.

Garnishee Order (also known as enforcement order for attachment of a debt)

If the judgment debtor fails to comply with the money order, the judgment creditor may apply for a garnishee order against the judgment debtor’s bank (who is the garnishee, hence “garnishee proceedings”). The practical challenge is that the creditor would have to furnish the details of the debtor’s bank account and prove that the particular bank account belongs to the debtor.

Enforcement Order for Seizure and Sale of Property

An enforcement order for seizure and sale of property (previously known as a “writ of seizure and sale”) authorises the bailiff to seize and sell movable property belonging to the judgment debtor to pay the judgment debt.

In addition to paying court fees for the bailiff, the place of residence of the debtor also has to be confirmed. A date is then appointed for the bailiff to enter the premises. If the debtor is not at home, a notice is left under the door, and a second writ of seizure may be filed. This time, if the debtor is not at home, the bailiff enters the unit with the help of a locksmith. The bailiff and the lawyers then enter the premises and mark out items with stickers to be seized up to the estimated value of the judgment debt plus legal fees. The marked items are now the property of the bailiff and the debtor may not remove them. The debtor is given a week to pay the debt, or the bailiff will return to seize the items for auction.

Read our other article for more information on an enforcement order for seizure and sale of property in Singapore.

Writ of Delivery

A writ of delivery is a court order requiring the judgment debtor to deliver movable property to the judgment creditor.

Enforcement Order for Possession of Property

An enforcement order for possession of property (previously known as a “writ of possession”) is a court order usually served on a tenant by a landlord requiring the tenant to leave the premises by a certain time, enabling the landlord to repossess his property.

Examination of Judgment Debtor

An examination is a court order requiring the judgment debtor to attend before the court and be orally examined on whatever property he has and wheresoever situated, and the court may also order the judgment debtor to produce any books or documents in his possession that is relevant for the purposes of examination.

Committal Order

Where the judgment debtor fails to obey a court order, the judgment creditor can apply to court to have the judgment debtor sanctioned with fine or imprisonment. The court also has the power to punish the judgment debtor, without an application, if the debtor’s failure to obey a court order results in a charge of contempt of court.

Foreign Enforcement

Where the judgement debtor has assets situated in a foreign jurisdiction, the judgment creditor, with the assistance of a legal professional, can enforce his judgment overseas, provided that the particular legal requirements of the foreign jurisdiction are satisfied.

Bankruptcy and Winding Up Applications

Where the judgment debtor cannot pay the debts owed and the debt exceeds SGD$15,000, the judgment creditor can apply for bankruptcy or winding up proceedings against the debtor depending on whether the debtor is an individual or a company.