Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
November 26, 2004

Enforcement of judgments

In my last article the emphasis was on the various methods of enforcing a money judgment. The most commonly used being a writ of fieri facias, appointment of receiver and garnishee proceeding. Enforcement of orders could also be obtained for the possession of land, delivery of goods and payment of money into court. Enforcement orders requiring a person or body corporate to do an act within a specified time or not to do an act may also be obtained.{{more}}

An order for the recovery of land and property may be enforced by means of a writ for possession, a committal order or sequestration of assets order. Sequestration or committal orders may only be imposed if the debtor was required to do or not to do an act within a specific time on a specific day and the order was served personally on the debtor. The court will give the debtor a reasonable time to perform the act.

The order must carry a penal notice to the effect that if the person fails to comply with the order, proceedings for contempt of court may be commenced and the person may be liable to be imprisoned. A similar notice is given on an order to a corporate body but the liability to imprisonment is not included. It would, however, be included if an officer of the corporation is named in the order. The penal notice is often typed in bold letters at the end of the order.

Enforcement orders against the judgment debtor for the possession of goods may be enforced by a writ for delivery, committal or sequestration of assets order. These are, however, dependent on the type of judgment granted by the court. If the judgment debtor is given a choice to deliver the goods or to pay the assessed value of the goods then enforcement would be by way of writ. If no choice is given then enforcement order may be for committal or sequestration of assets. Committal orders could also be obtained if the judgment creditor applies to the court requiring the judgment debtor to deliver goods by a specified time and date.

Conclusion

Enforcement is vital for the authority of the court otherwise its judgment would be hollow and ineffective. The writ of fieri facias is the most common form of enforcement. However, there are risks involved as items in the possession of the judgment debtor and belonging to another may be seized to satisfy the judgment debt. The bailiff has a right to seize money, goods or chattel found on the judgment debtors premises but not that belonging to another. Nonetheless, if money, goods or chattel of a third person are seized the owner may approach the court for relief. Notice must be given to the registrar and the appropriate application will be made to the court.

It must be noted that expenses are incurred in executing a judgment order. Expenses are usually defrayed by the judgment debtor. Meanwhile, interest could be accumulating on the debt. Hence it may be prudent to meet the judgment debt as early as possible to avoid the added expenses.



  • FacebookComments
  • ALSO IN THE NEWS
    Searchlight held true to its promise, says Editor as print publication nears end
    Front Page
    Searchlight held true to its promise, says Editor as print publication nears end
    Webmaster 
    August 28, 2026
    As Searchlight prepares to bring 31 years of print publication to an end, Editor Corletha Ollivierre, says the newspaper can look back with pride on h...
    Fired policeman wins case in court, lawsuit for state coming
    Front Page
    Fired policeman wins case in court, lawsuit for state coming
    Webmaster 
    August 28, 2026
    Former Police Constable Phillip Arrindell, has been freed from a charge of theft, but his legal battles may not be over as his lawyer Grant Connell sa...
    Today is  VAT-Free shopping day!
    Front Page
    Today is VAT-Free shopping day!
    Webmaster 
    August 28, 2026
    Consumers will be able to take advantage of a VAT-free shopping day on Friday, August 28, but unlike the initiative held in December, the tax exemptio...
    Bequia getting renovated fish market
    Front Page
    Bequia getting renovated fish market
    Webmaster 
    August 28, 2026
    Fisherfolk and consumers on Bequia will be doing business in a rehabilitated fish market, which Prime Minister Godwin Friday, said will bring possibil...
    New location sought for  Sandy Bay Secondary School
    Front Page
    New location sought for Sandy Bay Secondary School
    Webmaster 
    August 28, 2026
    The Government of St. Vincent and the Grenadines has turned to the residents of Sandy Bay to make an input into the future of the new Sandy Bay Second...
    Discrepancies at two schools delay release of CXC results -Education Minister
    Front Page
    Discrepancies at two schools delay release of CXC results -Education Minister
    Webmaster 
    August 28, 2026
    Minister of Education, Vocational Training and Innovation, Digital Transformation and Information, Phillip Jackson, has explained that the customary p...
    News
    African snails ‘terrorising’ Clare Valley residents
    News
    African snails ‘terrorising’ Clare Valley residents
    Webmaster 
    August 28, 2026
    Some residents of Clare Valley in the South Leeward constituency are calling on the relevant authorities to address an infestation of African snails i...
    Vincentians in New York put on successful Expo
    News
    Vincentians in New York put on successful Expo
    Webmaster 
    August 28, 2026
    by DesMarie Greenaway Club St. Vincent, Inc.’s Cultural Exposition, held on Saturday, August 22, 2026, at the Friends of Crown Heights, 671 Prospect P...
    Police investigate death of man following fire at Belvedere
    News
    Police investigate death of man following fire at Belvedere
    Jada 
    August 27, 2026
    The Royal St Vincent and the Grenadines Police Force (RSVGPF), said they have commenced an investigation into the circumstances surrounding the death ...
    CXC launches New initiative
    News
    CXC launches New initiative
    Jada 
    August 27, 2026
    The Caribbean Examinations Council (CXC), has officially launched its highly anticipated Caribbean Targetted Education Certificate (CTEC), following a...
    Virtual Heritage Expo-Week of Indigenous Peoples
    News
    Virtual Heritage Expo-Week of Indigenous Peoples
    Webmaster 
    August 25, 2026
    AS PART of the commemoration of the IX Inter-American Week of Indigenous Peoples ( August 10 to 14, 2026), the OAS General Secretariats in The Bahamas...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok