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Enforcing judgment - monetary judgments

Many respondents will pay once judgment has been given but it may be necessary to remind the judgment debtor to pay the debt. If there is doubt about whether the debtor will pay, the judgment creditor can commence enforcement proceedings immediately after judgment. A party who seeks to enforce judgment must serve a copy of the judgment on the person against whom the judgment is enforceable [r 201.2].

From the date of judgment, interest is payable on the debt until it is paid. The rate is set at 6% per annum (simple interest) [Magistrates Court Act 1991 s 35; rule 124(1); Uniform Civil Rules 2020 r 185.1(1)].

Under section 34 of the Limitation of Actions Act 1936 (SA), a judgment creditor has 15 years from the date of the judgment to enforce the debt. However, rule 201.5 of the Uniform Civil Rules 2020 provides that if a judgment creditor wishes to enforce a debt after 6 years, the creditor must obtain the leave or permission of the Court to proceed.

The Enforcement of Judgments Act 1991 (SA) sets out how the Courts may enforce judgments.

Different processes may apply when enforcing a judgment from a tribunal, such as SACAT or the South Australian Employment Tribunal. See Enforcing SACAT Tenancy Orders [r 245.10].

Enforcing judgment - monetary judgments  :  Last Revised: Wed May 13th 2020
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