- The court does not collect a judgment debt on your behalf.
- An examination order makes the debtor disclose their income and assets on oath.
- Property can be seized and sold, and money owed to the debtor, such as a bank balance, can be redirected to you.
- A judgment can generally be enforced for up to 12 years.
Why enforcement is needed
A judgment tells the losing party to pay or to do something, but it does not carry itself out. If the debtor does not comply, the winning party has to apply to the court for enforcement.
A first step is often a letter reminding the debtor of the judgment and setting a deadline to pay.
Finding out what the debtor owns
Enforcement costs money, so it helps to know what the debtor has before choosing a method. The court can order the debtor to attend a hearing and answer questions on oath about their income, bank accounts, property and other assets, and to produce documents. Where the debtor is a company, an officer such as a director can be required to attend.
A debtor who fails to attend or refuses to answer without good reason risks committal proceedings for contempt of court, which can lead to a fine or imprisonment.
The main methods of enforcement
Under the Rules of Court 2021, the old writs and garnishee orders have been brought together as 'enforcement orders', and more than one method can be sought in a single application. The main methods are:
- Seizure and sale: the court's bailiff seizes the debtor's property, such as vehicles, valuables or shares, and sells it, usually at public auction. HDB flats are generally protected from ordinary creditors.
- Attaching money owed to the debtor: a third party who owes the debtor money, most often a bank holding the debtor's account, is ordered to pay it to you instead.
- Bankruptcy or winding up: for debts of S$15,000 or more, the creditor can apply to make the debtor bankrupt or to wind up a company.
Where the judgment orders someone to do or stop doing something, rather than to pay, a party who disobeys can face committal proceedings.
Choosing the right step
Each method suits a different situation. Seizing property only helps if the debtor owns something of value that is really theirs. Attaching a bank account only helps if there is money in it. Bankruptcy or winding up puts pressure on a debtor, but any recovery is shared with other creditors.
It is also worth checking whether the debtor is already bankrupt or being wound up, which usually stops individual enforcement.
Time limits and assets abroad
A judgment can generally be enforced for up to 12 years from when it became enforceable. If the debtor's assets are outside Singapore, it may be possible to enforce the judgment in another country, depending on that country's rules and its arrangements with Singapore.
Getting advice on your situation
A lawyer can help you find out what the debtor owns, choose the enforcement step most likely to recover the money, and weigh its cost against what can realistically be recovered.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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