- Enforcement is applied for through enforcement orders, and one application can ask for several.
- Property can be seized and sold, and money owed to the debtor can be redirected to you.
- The debtor can be ordered to answer questions about their assets on oath.
- For larger debts, bankruptcy or winding-up may be an option.
New names under the 2021 rules
The Rules of Court 2021 renamed the tools for enforcing a judgment. What used to be a writ of execution is now an enforcement order. The person enforcing the judgment is the enforcement applicant, and the person who owes the money is the enforcement respondent. A garnishee order is now an order for the attachment of a debt.
One application, several methods
A single application can ask for several kinds of enforcement order at once, stating the order in which they should be carried out. The application can only be filed once three days have passed after the judgment was served.
Seizure and sale
The Sheriff can seize and sell the debtor's property, usually by public auction. Certain things are protected, including basic items such as clothing and bedding, tools of trade up to a limit, wages and salary, and HDB flats.
Attachment of debts
Where a third party, such as a bank, owes money to the debtor, the court can order that third party to pay the money to you instead. Wages cannot be attached in this way.
Finding out what the debtor has
If you don't know what assets the debtor has, you can apply for the debtor to be examined. The debtor must answer questions about their assets and means on oath, and a debtor who fails to attend risks being committed for contempt.
Bankruptcy and winding up
For unpaid debts of more than S$15,000, a creditor may be able to start bankruptcy proceedings against an individual or winding-up proceedings against a company. This can bring other enforcement steps to an end, so it is worth taking advice on the best route first.
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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