Debt Recovery Western Australia: Collecting an Unpaid Judgment Step by Step
A Magistrates Court judgment in Western Australia does not come with a built-in collection service. The court decides who owes what. Getting the money is your problem.
The Civil Judgments Enforcement Act 2004 (CJEA) provides the enforcement tools, but you have to apply for each one, pay the filing fees and follow the statutory sequence. Here is what that process actually looks like.
Step 1: Confirm the Judgment Is Enforceable
Before filing anything, check the court record and the debtor's insolvency status:
- On the eCourts Portal, confirm that the judgment has been formally entered and signed by a Registrar or Magistrate
- Check the court record for an active Suspension Order (CJE Form 9) — appeals and applications to set aside do not automatically stay enforcement, but a granted suspension does
- Confirm the debtor is not bankrupt, or a company in administration or liquidation, which triggers an automatic stay under Commonwealth legislation. Check AFSA for bankruptcy and ASIC for company status.
Step 2: Start With a Means Inquiry
If you do not know what the debtor earns or owns, a means inquiry is the standard first step. You apply using CJE Form 6, paying $117.50 for bailiff service. The court summons the debtor to attend in person and disclose their financial position under oath — bank accounts, employment, property, vehicles, debts.
The summons must be issued at least seven clear days before the hearing and personally served at least five clear days before. If the debtor does not show up, the court can issue a Warrant for Arrest ($430 bailiff fee).
Step 3: Choose the Right Enforcement Tool
Based on what you learn from the means inquiry, you pick the mechanism that targets the debtor's actual assets:
| Enforcement tool | What it targets | Key fee |
|---|---|---|
| Instalment Order | Regular payments from income | Included with means inquiry |
| Earnings Appropriation Order | Wages (employer must deduct) | $85.50 bailiff service |
| Debt Appropriation Order | Bank accounts or debts owed to the debtor | $85.50 bailiff service |
| Property Seizure and Sale Order | Goods or real property | $269 application fee |
An Earnings Appropriation Order is only available after an Instalment Order has been breached and cancelled — you cannot go straight to wage garnishment.
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Step 4: Follow Through on the Order
Each enforcement order has its own mechanics. A Debt Appropriation Order served on a bank freezes the account balance at the moment of service — it captures what is there right now, not future deposits. A Property Seizure and Sale Order gives the bailiff 12 months to seize and auction the debtor's goods.
Post-judgment interest runs at 6% per annum on the unpaid balance. Enforcement fees you pay get added to the judgment debt.
When Recovery Is Not Worth Pursuing
Not every judgment can be collected. A debtor with no job, no bank balance and no property is judgment proof. The CJEA gives you tools, but those tools only work when there is something to attach them to. The 12-year limitation period under the Limitation Act 2005 means you can wait and try again if the debtor's circumstances change — but after six years, you need leave of the court to proceed.
The WA Judgment Enforcement Guide puts the full enforcement sequence in one document, with every form, fee and deadline covered.
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Download the WA Judgment Enforcement Collection Checklist — a printable guide with checklists, scripts, and action plans you can start using today.