Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • 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
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • 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
      • 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
    Venezuelan Embassy in SVG opens Book of Condolences
    Press Release
    Venezuelan Embassy in SVG opens Book of Condolences
    Webmaster 
    January 13, 2026
    THE EMBASSY of the Bolivarian Republic of Venezuela in St Vincent and the Grenadines (SVG) has extended an invitation to all citizens of SVG “to sign ...
    Senior Housing assessor detained by police, released without charge
    Front Page
    Senior Housing assessor detained by police, released without charge
    Webmaster 
    January 13, 2026
    ANOTHER INCIDENT of police involvement in the repossession of building materials being provided to citizens with pressing housing needs has occurred. ...
    Gov’t introduces ‘The Friday Report’
    Front Page
    Gov’t introduces ‘The Friday Report’
    Webmaster 
    January 13, 2026
    THE Prime Minister’s Office (PMO) has introduced a weekly update called “The Friday Report” that will appear on social media every Friday and offer in...
    Jurors to get 100% increase in allowances
    Press Release
    Jurors to get 100% increase in allowances
    Webmaster 
    January 13, 2026
    CITIZENS of St Vincent and the Grenadines (SVG) who serve the Court of Justice as jurors, will now receive a double allowance, from $10 to $20 effecti...
    Barrouallie man dies in vehicle crash
    Front Page
    Barrouallie man dies in vehicle crash
    Webmaster 
    January 13, 2026
    THE POLICE SAID they have launched an investigation into the circumstances surrounding a motor vehicle collision that occurred yesterday, January 12, ...
    Candlelight vigil to be held in memory of murder victim
    Front Page
    Candlelight vigil to be held in memory of murder victim
    Webmaster 
    January 13, 2026
    RESIDENTS OF PARK HILL and surrounding communities will hold a candlelight vigil this evening, Tuesday, January, 13 2026 in memory of murder victim Er...
    News
    Government breaching promise with bonus – Dr. Gonsalves
    News
    Government breaching promise with bonus – Dr. Gonsalves
    Webmaster 
    January 13, 2026
    THE MONEY PROMISED to public servants as a bonus to be paid this month is a “breach of promise” says Opposition Leader Dr. Ralph Gonsalves who said la...
    Dauphine resident accused of theft
    From the Courts, News
    Dauphine resident accused of theft
    Webmaster 
    January 9, 2026
    A 44-year-old woman of Dauphine has been accused of theft and will appear in court to answer the charge. The police said in a release that on January,...
    Former Assessor says galvanize sheets in Mayreau were not stolen
    News
    Former Assessor says galvanize sheets in Mayreau were not stolen
    Webmaster 
    January 9, 2026
    A video clip which been making the rounds on social media depicting a scene in which the police are seen removing building materials from the yard of ...
    Lotto pays out record PLAY-4 Jackpot
    News
    Lotto pays out record PLAY-4 Jackpot
    Webmaster 
    January 9, 2026
    For the first time in St Vincent and the Grenadines (SVG), a cheque for $EC 499,200 was handed over a winner in the PLAY-4 game run by the National Lo...
    CXC moving to digitize Examinations
    News
    CXC moving to digitize Examinations
    Webmaster 
    January 9, 2026
    The Caribbean Examinations Council, CXC, is keeping up with technology and is moving to have its examinations digitized. Affirmation of this came from...

    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