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Enforcing Court Orders and Judgements in Singapore: A Legal Guide

December 3, 2020

Peter Doraisamy LLC Recognised by Asialaw Profiles 2021

Overview

This paper will look into the ways in which a party can enforce a Court Order or Judgement. It will ascertain the need to do so, the factors that need to be looked at before carrying out the enforcement and the ways in which it can be done. 

Before we dive deeper into the intricacies, it is first important to ascertain why there is a need to enforce the Orders and Judgements.

It is often misconstrued that once a Judgement has been passed by a Court, that that is the end of the case. 

The need to enforce the order is felt when the party that the court has ruled against, the ‘judgement debtor’, fails to comply with the orders of the court i.e. in most cases, not paying up the amount that he is due to pay to the party that the court has ruled in favour of, the ‘judgement creditor’. 

Before You Attempt To Enforce A Judgement

It is important for the judgement creditor to analyse several aspects before making the decision to enforce the Orders and Judgements against the judgement creditor. The factors are:

  1. Is the order worth enforcing?
  2. A lot of time and effort is required to file the appropriate applications to enforce the order.
  3. There is no assurance that you’ll be able to get anything back from the judgement debtor.
  4. If you’re willing to pay the expenses associated with enforcing the order.
  5. Fees paid to the courts in enforcement actions are generally non-refundable. The fees may, however, be recoverable against the judgement debtor.
  6. Whether or if the judgement debtor has the financial means to pay

After considering your options, you may proceed to start enforcement proceedings

If the Letter of Demand is not complied with and the judgement debt is not paid, the judgement creditor can then resort to legal action and ask the Court to issue an order compelling the Judgment Debtor to appear at a hearing for an oral examination of his or her assets and means, as well as to present any records or papers necessary to the examination. If the Judgment Debtor fails to appear for the hearing, there are legal procedures for Committal Proceedings, which can result in him or her being sentenced to prison or fined.

Types Of Enforcement Proceedings In Singapore

Writ of seizure or sale

A WSS instructs the Sheriffs/Bailiffs to enter the Judgment Debtor’s property and/or securities in order to settle the judgement obligation. The Judgment Debtor receives a Notice of Seizure as well as an inventory of the items confiscated. The Judgment Debtor then has seven (7) days to pay any outstanding debts, failing which the confiscated property will be auctioned off.

Writ of delivery

A Writ of Delivery instructs the Sheriffs/Bailiffs to seize and deliver the particular moveable property to the creditor. The Court may order that the Judgment Debtor be allowed to keep the property if he or she pays the assessed amount.

Writ of possession

A WOP instructs the Sheriffs/Bailiffs to seize the immovable property and evict the Judgment Debtor who refuses to leave.

Garnishee proceedings

If the judgement creditor knows of a third party (such as a bank) who owes the Judgment Debtor money, garnishee proceedings are appropriate. A Garnishee Order instructs a third party to pay the creditor rather than the Judgment Debtor. You can start by requesting a provisional garnishee order, which will lead to show cause proceedings in which the third party (garnishee) certifies that money is owed to the Judgment Debtor. The Court will therefore issue a final garnishee order, directing the garnishee to pay up the money that is owed.

Foreign enforcement

If the judgement creditor is unable to enforce the Court judgement and Order in Singapore due to the Judgment Debtor’s insufficiency of assets, the creditor may be able to do so in a foreign nation where the Judgment Debtor does have assets if certain legal conditions are met.

Bankruptcy

Finally, if the Judgment Debtor is unable to repay the judgement debt, you have the option of filing for bankruptcy or initiating business winding-up proceedings against him or her.

Conclusion

A judgment creditor has a number of ways to enforce a Judgement/Order that has been passed by a court in his favour. Before actually initiating the enforcement proceedings, it is important to first decide as to whether it is indeed feasible. Once the decision is made, there are several ways of enforcement of the judgement which vary from making use of writs to foreign enforcement.

Chambers & Partners – Asia Pacific 2023

PDLegal LLC is pleased to announce that Managing Partner, Peter Doraisamy, has been recognised and ranked by Chambers & Partners (Asia Pacific 2023 for Shipping: Domestic: Litigation). The following quotes appear with Peter’s ranking: –

“Peter Doraisamy of PDLegal in Singapore is a noted shipping lawyer in the market. He handles a wide range of disputes, including ship grounding, cargo and fraud-related cases” – Chambers & Partners – Asia Pacific 2023

“He is excellent in litigation. He has very good control of the case, collecting the right evidence and putting this into a very successful trial.” – Shipping Litigation Client

Chambers and Partners is the leading independent professional legal research company operating across 200 jurisdictions. Chambers and Partners delivers detailed rankings and insights into the world’s leading lawyers and law firms.

This ranking is a testimony to the expertise and experience of the Firm’s shipping practice and would not be possible without the support of our clients and friends.

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