A practical guide from filing an enforcement request through attachment of assets and the objections available to debtors.
Enforceable instruments
Enforcement is not limited to court judgments. Cheques, bills of exchange, private instruments, official contracts and confirmed arbitral awards may also be enforceable.
The enforcement process
Proceedings begin by filing the application and serving notice on the debtor. If payment or a valid objection is not made within the statutory period, measures may include attachment of movable and immovable assets, salary deductions, and travel restrictions where legally available.
Protection of a good-faith debtor
A debtor may disclose assets and request instalments in line with their means. They may also challenge the instrument or raise payment and limitation defences, which the enforcement department considers under the applicable procedure.
This article is for general information only and does not constitute legal advice for any specific matter.
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