Debtor Won't Pay Judgment in WA: What to Do Next
You took someone to the Magistrates Court, won, and the magistrate ordered them to pay. Weeks have passed and you have received nothing. The court does not chase the money for you — that is your job, and the Civil Judgments Enforcement Act 2004 (WA) gives you the tools to do it.
The gap between winning a judgment and actually getting paid is where most self-represented litigants get stuck. The good news is that you do not need a lawyer for any of this. The bad news is that enforcement costs money, takes time, and there is no guarantee the debtor has anything worth collecting.
Start With a Means Inquiry
If you do not know what the debtor owns or earns, a means inquiry is the first step. You apply through the eCourts Portal using CJE Form 6, pay the $117.50 bailiff service fee, and the court issues a summons ordering the debtor to appear and disclose their finances under oath.
The debtor must bring a completed Statement of Financial Affairs (CJE Form 38 for individuals, Form 38A for companies). This forces them to list their bank accounts, employer details, real property, vehicles, and debts. From this information, you can decide which enforcement tool to use.
If the debtor does not show up after being properly served, the court can issue a Warrant for Arrest — the bailiff brings them to court in custody. The arrest warrant fee is $430.
Choosing Your Enforcement Tool
Once you know what the debtor has, you pick the tool that matches their assets:
They have a job: Push for an Instalment Order first. If they default on two or more payments and the order is cancelled, you can then apply for an Earnings Appropriation Order to garnish their wages directly through their employer.
They have a bank account: Apply for a Debt Appropriation Order. This freezes the funds in their account at the moment of service and directs the bank to pay those funds to you. It captures whatever is in the account at that moment — it is not a continuous drain.
They own goods or property: Apply for a Property (Seizure and Sale) Order. The bailiff attends the debtor's premises, seizes unencumbered goods, and sells them at public auction. If they own real property, you can register the PSSO at Landgate, creating a 4-month bound period that prevents the debtor from selling or mortgaging the land to avoid payment.
They owe a specific item: If the judgment was for the return of specific property (not money), a Property (Seizure and Delivery) Order sends the bailiff to collect the item.
What if They Genuinely Have Nothing
Some debtors are "judgment proof" — they have no employment, no bank balance worth garnishing, no property, and no goods of any value above the exempt thresholds. The CJEA protects basic household goods, necessary clothing, tools of trade, and a primary vehicle up to prescribed limits.
In this situation, enforcement is not going to recover anything right now. But a judgment in Western Australia remains enforceable for 12 years from the date it became enforceable. People's circumstances change. Someone who is judgment proof today might start a new job, open a business, or buy property within that window. You can sit on the judgment and enforce later — though if more than 6 years have passed, you need leave of the court before filing a new enforcement application.
Post-judgment interest at 6% per annum continues accruing on the unpaid balance the entire time.
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Do Not Do These Things
Do not threaten the debtor with actions you cannot take. You cannot seize their property yourself — only the court bailiff can do that under a PSSO. You cannot garnish their wages without court orders. Threatening things you have no authority to do is unlawful under the ACCC/ASIC Debt Collection Guideline and the Fair Trading Act 2010 (WA).
Do not contact them excessively. Enforcement goes through the court. A single written demand after judgment is fine but not required — you can go straight to a means inquiry.
Do not ignore insolvency notices. If the debtor files for bankruptcy (individuals) or goes into liquidation (companies), enforcement stops automatically under Commonwealth law. You must cease enforcement immediately and lodge a Proof of Debt with the appointed insolvency practitioner.
Getting Started
Every enforcement application goes through the eCourts Portal. If you need help choosing the right order, the complete WA judgment enforcement guide maps out each tool with its forms, fees, and sequence — starting from "they won't pay" through to closing the case after full recovery.
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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.