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Warrant of Execution

If the defendant still does not pay after the judgment has been given, the plaintiff can ask the court to issue a Warrant of Execution. This is a court order which says the Sheriff of the Court can go to the defendant’s home and list the items owned by him or her like a television set, fridge, radio, motor car and so on. This is called attaching the property. The Sheriff of the Court can also attach the whole house if necessary.

The court attaches the defendant’s property because this is the only way it can force the defendant to pay the judgment costs and any other amounts the defendant owes, for example, the Sheriff of the Court’s fees and the plaintiff’s legal costs. The Sheriff of the Court then takes the attached property and sells it. The amount of the judgment plus legal costs is then paid to the plaintiff from what is made at the sale. If anything is left over, it will be paid back to the defendant.

If the defendant does not have enough property which can be sold to pay off the plaintiff’s claim, the plaintiff can ask the court to look into the defendant’s financial position. The court can then order the defendant to pay a certain amount each month, or have a certain amount taken off from his or her salary each month by the employer and sent to the plaintiff. This is called a garnishee order. If the defendant refuses to obey this court order, she or he can be arrested for contempt of court.

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