How to Enforce a Judgment in the WA Magistrates Court

You won your minor case claim. The magistrate ordered the defendant to pay. And then — nothing. Winning a judgment and actually getting paid are two different things, and the court doesn't chase the money for you.

Why Judgments Go Unpaid

A court judgment creates a legal obligation, but it has no automatic mechanism to move money from the debtor's bank account to yours. Some debtors won't pay out of spite. Others genuinely don't have the cash right now. Either way, you need to enforce the judgment yourself using the tools in the Civil Judgments Enforcement Act 2004 (WA).

Step 1: Means Inquiry

If the debtor says they can't pay, you can apply for a means inquiry — a court hearing where the debtor is summoned and required to disclose their income, assets, bank accounts, and expenses under oath.

This isn't optional for the debtor. If they don't attend, the court can issue a warrant. The information you gather tells you which enforcement tool is most likely to work: garnishing wages, seizing property, or redirecting a bank account.

Step 2: Choose Your Enforcement Tool

The Civil Judgments Enforcement Act 2004 provides several options:

Property Seizure and Sale Order. A court bailiff seizes the debtor's personal property (vehicles, equipment, valuables) and sells it to satisfy the judgment. This works when the debtor has physical assets worth seizing — it's less effective when they don't own much of value or their assets are encumbered by other debts.

Debt Appropriation Order. Redirects money owed to the debtor by a third party (like a bank account balance) to you. If the means inquiry reveals the debtor has funds in a specific bank account, a debt appropriation order freezes those funds and directs them to the judgment creditor.

Earnings Appropriation Order. Garnishes a portion of the debtor's wages directly from their employer. The employer is legally obligated to comply and redirect part of each pay cycle to you until the judgment is satisfied. This is often the most reliable tool when the debtor is employed.

You can apply for a property seizure and sale order without first holding a means inquiry. An earnings appropriation order is available only after a previous instalment order was disobeyed and cancelled.

Post-Judgment Interest

While the judgment remains unpaid, statutory post-judgment interest accrues automatically under the Civil Judgments Enforcement Act 2004 and regulation 4 of the Civil Judgments Enforcement Regulations 2005. You don't need to apply for it — it's a right attached to the judgment. The interest compensates you for the delay in payment.

When the Debtor Has Nothing

Some debtors are genuinely judgment-proof — no income, no assets, no bank balance worth seizing. In that case, your options are limited. You must apply to enforce a judgment within 12 years; an application after six years requires the court's permission.

Enforcement applications have their own filing fees, which are added to the amount the debtor owes. You're not throwing good money after bad — the costs stack onto the judgment.

The WA Minor Case Claim Guide covers enforcement options with a decision framework for choosing the right tool based on what the means inquiry reveals about the debtor's circumstances.

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