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Management Essay

1295 words - 6 pages

ENFORCING JUDGMENTS - 1
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KEY TERMS

• "JUDGMENT CREDITOR" means the person who is entitled to enforce a judgment or order;
and

• " JUDGMENT DEBTOR" means the person who is liable to enforcement under the judgment or order, even though the judgment or order is not a money judgment .

JD/JC
GENERAL PRINCIPLES

♦ NATURE OF THE JUDGMENT

♦ NATURE OF THE ASSETS OF THE JUDGMENT DEBTOR

♦ NO STAY OF EXECUTION IN PLACE

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♦ GENERALLY NO PERMISSION NEEDED BUT EXCEPTIONS
INSTANCES IN WHICH PERMISSION REQUIRED for writ of execution
...view middle of the document...

♦ See the Form in the Rules
♦ The Notice requires the JD to complete a statement of his financial position and serve it on the JC within 14 days of service.
♦ If JC satisfied he may file such notice at Registry and notify the Examinee that he need not attend.
♦ Takes place before the Registrar or officer of the Court authorised by Chief Justice
♦ Examination is on oath or affirmation
♦ Statement to be taken down, read to the ExaMinee who is to be asked to sign it
♦ If he refuses to sign then Examiner to sign
♦ May be adjourned to a Judge if Examinee fails to attend, refuses to be sworn or affirmed or to answer any question.
♦ Notice of Adjourned Hearing
♦ See Form in Rules
♦ JC to serve the Examinee personally with the Notice of Adjourned Hearing not less than 7 days before the adjourned examination and file an Affidavit proving service.

♦ Cross Examination in nature - probing questions expected.
AN ORDER FOR SEIZURE AND SALE OF GOODS

Writ of execution - Part 46
The JD's chattels are seized and sold to meet the judgment debt.

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EXECUTION OF THE ORDER

> See Form of the Order in the Rules
> May not execute between 6pm and 6am
> May take all goods and chattels except:
- Clothing and bedding of JD and family;
- Tools and implements of trade to a stated value
- Goods insufficient to meet the debt.
> The goods may be sold at public auction after:
- Advertised in at least one newspaper
- Except where perishable - not less tan 5 days after seizure

> JC may request an earlier sale
> Pending sale deposit the goods in a fit place
> Bills of Exchange
> Payment to the AG
> Valid for one year
What may be recovered

• A judgment creditor may recover on a writ of execution -
a) the balance of any money judgment (including costs);
b) fixed costs in accordance with rule 65.3; and
c) interest on a money judgment.
• The rate of interest payable on a judgment debt is the statutory rate of interest unless the court has directed that some other rate shall apply.

• Unless the court otherwise orders, the amount for which a writ of execution may be issued may include the unpaid fixed costs and fees of any previous enforcement proceedings on the same judgment.
Period of validity of the writ of
execution

♦valid for one year

♦MUST APPLY FOR RENEWAL OF WRIT

> WITHIN THE PERIOD THE WRIT IS VALID

>Court to be satisfied the JC took al reasonable steps to execute but unable to do so.
> Without notice but on Affidavit evidence >May renew for no more than 6 months
ATTACHMENT (GARNISHEE)

> Attaching debts to the JD in the hands of a third party.

> Often utilised where there are bank accounts, other deposit taking institutions, building societies.

> Two step...

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