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Disputes Tribunal:-
If a Decision is in your favour
Click here for general information about the Disputes Tribunal.
Important Information for Creditors
If the other party does not voluntarily obey the Tribunal.s decision, it is up to you to decide what further action you want to take.
- The Court will not automatically check to see if the decision is obeyed. The Court will not automatically start enforcement action.
- The Court will only carry out enforcement action on your behalf. You must instruct the Court to take the action you want.
- The Court cannot guarantee success. The process can take time.
Enforcement of Tribunal orders is not done in the same way as enforcement of Court fines. If you chose to enforce the Tribunal decision through the Court, you will be responsible for:
- Applying or giving instructions for each step of the enforcement process.
- Providing information the Court needs about the other party (sometimes known as the Judgment Debtor) and their property.
- Checking progress on your case, for example that Court orders have been successfully served on the other party.
Enforcement of Disputes Tribunal decisions is done through Department for Courts staff at District Courts. In larger District Courts you should contact the Collections Unit at the Court. In the smaller courts, you should contact Civil enforcement staff.
If at any stage the person pays you the debt in full, all enforcement action against them is stopped
A Dispute has been Decided in your Favour - Next Steps
If, the referee has made an order for the other party in your dispute to either:
- make a payment to you
- carry out work for you
- deliver property to you
How to recover your debt
When the other party has been ordered to pay money
If the other party doesn't obey the order
To enforce an order
Filing Fees
Frequently asked questions and answers
How to recover your debt
You need to:
- contact the other party to arrange to have the Tribunal order carried out.
- make sure you always have a current address (work and at home), their phone number(s), and details of any vehicle they own.
Knowing how to get hold of them will be very important later if it becomes necessary to enforce the Tribunal decision. You will be expected to provide that information. The Court will not trace the person for you.
When the other party has been ordered to pay money
The Tribunal decision should set out clearly how much has to be paid, by when, and how the payment should be made.
It is now the other party.s responsibility to pay you. Please note: if the decision is for payment by instalments, you cannot demand it is paid in one amount. Also, if a date for payment is included in the decision, you cannot demand that the money is paid immediately. However you can encourage the other party to follow the order, and remind them of their obligations and what may happen if they fail to pay.
If the other party doesn.t obey the order
Disputes Tribunal decisions cannot be enforced until the deadline included in the decision has passed (or after 48 hours if no deadline is included in the decision).
Your options include:
- asking a solicitor to act on your behalf (e.g. a formal letter from a
- solicitor spelling out the costs of enforcement action may be enough
- to make the person act)
- asking a debt collection agency if they can collect the debt on your
- behalf (they may charge a set fee or a percentage of the debt)
- applying to the Court for enforcement action
To enforce an order
Make sure you quote the Disputes Tribunal (DT) reference number in any discussion with the Court staff.
The first options for enforcing the Tribunal decision through the Court are:
Note: Unless you know the person owns assets worth seizing (i.e. they would cover the total amount of the debt if sold) the best option is likely to be an Order for Examination.
An Order for Examination
This is an application to have the other party appear in front of a Court official so that their financial situation can be assessed. The examination can decide whether or not they are capable of paying the debt.
If they are not able to pay the Court may order a stay (stop) of further enforcement action because the person has insufficient money to pay the debt. If you believe the person.s circumstances change or you find out new information, then you can re-apply to the Court for another Order for Examination.
If they are capable of paying, but have failed to do so, the Court official may:
- set out new payment terms and conditions (e.g. instalments), or
- direct that enforcement action be started, for example:
- assets or possessions are taken and sold to meet the debt (Distress Warrant)
- deductions are made from the person.s benefit, wages or salary (Attachment Order)
A Distress Warrant
This is an application to have a Collections Officer or Bailiff visit the other party to demand payment for the amount owing, and seize assets if payment is not made. They can only take things which are owned by the other party and it is up to you to identify those things. If it is a vehicle, you should check with the Motor Vehicle Securities Register to see if the person has clear title (i.e. the vehicle is owned by them and not by a finance company or other person), and provide the Collections Officer or Bailiff with that information. In some cases, a Distress Warrant may include a Warrant for Recovery of Specific Chattels (particular property).
If you wish to apply for these enforcement options, ask the Court for the appropriate forms. Remember, it is your responsibility to request the forms and fill them in. The Court must then serve the order on the other party (i.e. hand it to them or their legal representative in person) or execute (i.e. carry out) the warrant. This is why it is important for you to know where they can be found, and to check if the Court has been able to get the order served or execute the warrant.
Filing Fees
There are filing fees for all Court enforcement applications but for Dispute Tribunal cases you do not have to pay these fees. They are added to the amount the other party owes and the Court recovers them when the debt is paid. (If the other party includes the fees in the amount they pay direct to you, you must repay the fees portion back to the Court). Current fees are available from the District Court.
Frequently asked Questions and Answers
Q. Why doesn.t the Department for Courts enforce the order automatically?
A. Cases brought before the Tribunal are civil, not criminal cases. Enforcement of civil debt is a private responsibility. The Court will only proceed with enforcement steps on your application and instruction.
Q. How do I apply for an Order for Examination?
A. If you apply for an Order for Examination
- Ask your local District Court for an application form and fill it out. Have your copy of the Tribunal decision on hand so you can quote the correct file references.
- Your application will be processed. (Court staff should be able to tell you approximately how long it will take)
- Attend the examination hearing. You will be told of the time and date. You can ask the other party questions at the hearing if you wish, so come along prepared with any information you have about their ability to pay.
Q. What if I can.t attend the Examination hearing?
A. If you can.t attend you must let the District Court or the Collections Unit know as soon as possible. They will advise you whether the hearing will be rescheduled, or proceed without you, or be cancelled. If you simply fail to turn up, the enforcement action will be ‘struck out.. You can arrange for someone to go in your place but you must notify the Court in advance.
Q. What if the other party doesn.t turn up for the Examination hearing?
A. You may apply for a Warrant of Arrest to be issued. The other party can then be arrested and brought in for an Examination hearing or given bail (as of right) on condition that they appear at a set time and date for the Examination.
Q. What happens if a person fails to comply with an Order made at an Examination hearing?
A. You could apply for further enforcement action - a Distress Warrant, Attachment Order, or Contempt of Proceedings. The Court will not proceed with any further enforcement until it receives an application and instructions from you. Which enforcement action is best depends on the circumstances of the person. For example, if they are working, an Attachment Order on their wages or salary means the money is deducted from their pay.
Q. What is Contempt of Proceedings?
A. If an Examination has been carried out and the person has failed to comply with an Order made at the Examination hearing, they are in breach (contempt) of that Court Order. You can then apply for Contempt of Proceedings against them. If your application is granted, the matter is heard before a District Court Judge who is able to sentence the person to Periodic Detention for contempt of the Order. This penalty does not replace the Order itself (e.g. the amount of money owed to you should still be paid by the other party).
Q. How do I apply for a Distress Warrant?
A. If you apply for a Distress Warrant you will need to:
- Contact your local District Court for an application form and fill it out.
- Wait for your application to be processed. You will be given a reference number. (Keep a note of it as you will need to quote this number whenever you have an enquiry about your application.)
- Identify what items you want seized if the person does not pay. You may be asked for a statement of indemnity. This protects the Bailiff/Collections Officer in case the seizure is found to be unlawful e.g. it is someone else.s property.
- Wait for the Bailiff (or Collections Officer) to execute the warrant and complete a report. (You will receive a copy of this report.)
Q. Who pays any extra costs involved?
A. Any costs of having goods seized, such as vehicle towing fees, are added to the total debt owed and then deducted by the Court from the amount recovered from the sale of goods before you are paid.
Q. What happens if the respondent has no assets that can be seized?
A. If the respondent has no money to pay or no assets that can be seized, the Bailiff or Collections Officer provides a report called a ‘Nulla Bona. return, which means that they are unable to find goods of sufficient value to cover the debt or obtain payment in full. You may wish to discuss with the Court or seek legal advice about what further enforcement actions, if any, are available.