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When to enforce an order

You may apply to enforce an order by the Small Claims Tribunals (SCT) if both of these conditions apply:

  • You are the claimant or counterclaimant, and the order was made in your favour.
    • For example, the other party is ordered to pay you money.
  • The other party does not comply with the order.
    • For example, the other party did not pay the full sum of money by the due date.

How to enforce an order

Orders by the SCT can be enforced in the same way as a District Court order. This means if one party does not comply with the order, you may start enforcement proceedings against them in the civil courts.

Enforcing an order does not guarantee an outcome. You should weigh the pros and cons before proceeding.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to this brochure on the Orders of the Small Claims Tribunals (PDF, 430 KB), which introduces the enforcement process.

Legislation associated with this topic includes:

Related questions

Yes, you may engage a lawyer to represent you as enforcement proceedings take place in the civil courts (not the SCT).

An appeal does not operate as a stay of execution unless otherwise ordered. You may enforce an order against the other party even if they appeal against the order.

If the other party applies for a stay of execution, the court will arrange for a date and time to hear the application. If the application is allowed, the execution of the order will be stayed (suspended) on conditions determined by the court. You may not be able to enforce it, depending on the conditions.

2021/07/23

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