CIVIL JUDGMENTS ENFORCEMENT ACT 2004
Table of Provisions
PART 1 -- Preliminary
PART 2 -- Interest on judgment sums
- 8 Interest on judgment sums
PART 3 -- Provisions applying to all judgments
Division 1 -- Procedural matters
- 9 Applying to a court under this Act
- 10 Costs of proceedings under this Act
Division 2 -- General
- 11 When judgments have effect
- 12 Limitation period for enforcement
- 13 Court’s leave to enforce needed in some cases
- 14 Partnerships, enforcement against
Division 3 -- Suspending the enforcement of judgments
- 15 Suspension order
- 16 Suspension order, effect of
PART 4 -- Enforcing monetary judgments
Division 1 -- General
- 17 Term used: enforcement order
- 18 Enforcement orders, applicability of
- 19 Enforcement orders, application for etc.
- 20 Enforcement and other orders, making of
- 21 Certain orders only available at or after means inquiry
- 22 More than one enforcement order, applications for
- 23 Multiple enforcement orders, effect of
- 24 Money recovered, judgment creditor’s duties as to
- 25 Excess money recovered, consequences
Division 2 -- Means inquiry
- 26 Means inquiry, nature of
- 27 Means inquiry, application for by judgment creditor
- 28 Means inquiry, application for by judgment debtor
- 29 Means inquiry, summons to attend
- 30 Means inquiry, conduct of
- 31 Orders at or after a means inquiry
Division 3 -- Orders for payment
- 32 Time for payment order
- 33 Instalment order
Division 4 -- Appropriating a judgment debtor’s earnings
- 34 Terms used
- 35 Earnings appropriation order
- 36 Earnings appropriation order, content and service of
- 37 Earnings appropriation order, effect of
- 38 Third person’s obligations
- 39 Third person entitled to expenses of obeying order
- 40 Third person may object to appropriation order
- 41 Objection to appropriation order, consequences of
- 42 Earnings appropriation order, failure to obey
- 43 Earnings appropriation order, effect of obeying
- 44 Employees, protection of
Division 5 -- Appropriating debts owed to a judgment debtor
- 45 Terms used
- 46 Available debt in relation to a judgment debtor
- 47 Workmen’s Wages Act 1898, application of
- 48 Available debts, provisions about
- 49 Debt appropriation order
- 50 Debt appropriation order, content and service of
- 51 Debt appropriation order, effect of
- 52 Third person’s obligations
- 53 Third person entitled to expenses of obeying order
- 54 Third person may object to appropriation order
- 55 Objection to appropriation order, consequences of
- 56 Debt appropriation order, failure to obey
- 57 Debt appropriation order, effect of obeying
- 58 Money in court due to a judgment debtor, appropriation of
Division 6 -- Seizing and selling a judgment debtor’s property
Subdivision 1 -- General
- 59 Property (seizure and sale) order
- 60 Property (seizure and sale) order, content and service of
- 61 Receipt of order to be recorded by sheriff
- 62 Property (seizure and sale) order, duration of
- 63 Determining a judgment debtor’s interest in property
- 64 Personal property to be sold in preference to real property
- 65 Only sufficient property to be sold
- 66 Seized property, sheriff to determine fair value of
- 67 Interests of others
- 68 Sale to be advertised
- 69 Place and manner of sale
- 70 Transfers of property sold, sheriff may sign
- 71 Purchasers of property sold, protection of
- 72 Proceeds of sale, how to be applied
- 73 Priority of orders, establishing
Subdivision 2 -- Seizing and selling personal property
- 74 Property (seizure and sale) order, effect of
- 75 Seizing personal property, powers enabling
- 76 Property that cannot be seized and sold
- 77 Seizure notice to be issued
- 78 Custody of seized property
- 79 Cheques etc., consequences of seizing
Subdivision 3 -- Seizing and selling real property
- 80 Property (seizure and sale) order, effect of
- 81 Power of entry
- 82 Judgment debtor may be permitted to sell or mortgage real property
Subdivision 4 -- Interpleader
- 83 Making a claim to property
- 84 Judgment creditor may admit or dispute claim
Division 7 -- Receivers and special remedies
- 85 Term used: available asset
- 86 Appointing a receiver, injunctions etc.
- 87 Receiver, appointment of etc.
Division 8 -- Disobeying time for payment orders and instalment orders
- 88 Summons to default inquiry, request for
- 89 Default inquiry, summons to attend
- 90 Default inquiry, nature of
- 91 Imprisonment for default, judgment creditor’s duties
- 92 Imprisonment for default, release from
Division 9 -- Miscellaneous
- 93 Judgments against objects
PART 5 -- Enforcing non-monetary judgments
Division 1 -- Judgments requiring property to be given up
- 94 Application of this Division
- 95 Property (seizure and delivery) order
- 96 Property (seizure and delivery) order, effect of
Division 2 -- Other non-monetary judgments
- 97 Application of this Division
- 98 Disobeying judgment is a contempt of court
- 99 Court may order act to be done at expense of obligated person
PART 6 -- Miscellaneous enforcement provisions
- 100 Personal property on land, powers to deal with
- 101 Signing of documents, court may order
- 102 Duration and renewal of orders and warrants
- 103 Amending and cancelling orders etc.
- 104 Directions, court may give
- 105 Irregular enforcement, courts’ powers as to
PART 7 -- Administrative matters
Division 1 -- Officers
- 106 Terms used
- 107 Bailiffs, appointment of
- 108 Assistant bailiffs, appointment of
- 109 Sheriff may delegate to bailiffs
- 110 Bailiffs’ functions
- 111 Protection from liability
Division 2 -- Provisions about the sheriff
- 112 Sheriff unable to act, court’s powers
- 113 Sheriff exempt from some fees
- 114 Sheriff entitled to access to some official records
- 115 Sheriff exempt from some licensing requirements
PART 8 -- Miscellaneous
- 116 Protection of person acting under sealed court order
- 117 Sheriff and bailiffs to carry out orders
- 118 Impersonating an officer, offence of
- 119 Regulations
- 120 Fees, regulations may prescribe
- 121 Rules of court
- 122 Validation of certain fees imposed