WA Enforcement Order Types: Which One Do You Need?

The Civil Judgments Enforcement Act 2004 gives you six distinct enforcement tools, and picking the wrong one wastes filing fees and delays your recovery. The right choice depends on one thing: what the debtor has. Here is how each order works, what it costs, and when to use it.

The Enforcement Tools at a Glance

Start Here: Do You Know What the Debtor Owns?

If you do not know the debtor's financial position — where they bank, whether they work, what they own — start with a Means Inquiry. There is no point filing a DAO against a bank you cannot name or an EAO when you do not know the debtor's employer.

The means inquiry forces the debtor to attend court and disclose their finances under oath using CJE Form 38 (Statement of Financial Affairs). From the results, you pick the right enforcement tool.

If you already know the debtor's assets — you have their bank details, you know their employer, or you know they own property — you can skip the means inquiry and go straight to the appropriate order.

Earnings Appropriation Order

Use when: The debtor is employed and earning wages.

An EAO directs the employer to deduct a portion of the debtor's net pay and send it to you each pay cycle. It is the most reliable tool for debtors with steady employment because the money comes automatically — you do not need to chase it.

The catch: You cannot apply for an EAO as a first step. The statutory sequence requires a court-ordered Instalment Order first. If the debtor defaults on two or more payments and the court cancels the order, then you can apply for the EAO. This sequence protects debtors by giving them a chance to pay voluntarily first.

EAOs only work against employment income. A debt owed to an independent contractor or sole trader can be targeted through a DAO. Centrelink pensions and allowances are protected by Commonwealth law and cannot be directly attached through an EAO.

Debt Appropriation Order

Use when: The debtor has money in a bank account, or a third party owes them money.

A DAO is a "snapshot" order. It generally captures funds standing to the credit of the debtor's account when the order is served on the bank. It does not capture future deposits unless the court specifically orders attachment of recurring debt streams — if the account has $200 when served, that is what you get, even if the debtor's salary hits the next day.

This makes timing important. If you know when the debtor gets paid, serving the DAO immediately after payday maximises the capture.

DAOs also work against non-bank third parties. If someone owes the debtor money — an outstanding invoice from a customer, for example — you can serve a DAO on that third party to redirect the payment to you.

Joint accounts are off limits. Under Australian law, a bank balance owed jointly to the debtor and a non-debtor (a shared account with a spouse) cannot be garnished, because the debt is not owed exclusively to the judgment debtor.

Property (Seizure and Sale) Order

Use when: The debtor owns goods or real property with value above the exempt thresholds.

A PSSO sends the bailiff to seize the debtor's unencumbered assets and sell them at public auction. It is the most intrusive enforcement tool and the most expensive to file ($269), so it makes sense to confirm there are assets worth seizing before applying.

A PSSO is valid for 12 months. If the bailiff has not completed seizure and sale within that period, you need to apply for an extension.

For real property, you register the PSSO at Landgate under the Transfer of Land Act 1893. This creates a 4-month bound period on the title, preventing the debtor from selling or mortgaging the land to avoid payment. If the debt remains unpaid, the Sheriff markets and sells the debtor's interest at auction.

Statutory exemptions protect basic household goods, clothing, tools of trade, and a primary vehicle up to prescribed thresholds.

Property (Seizure and Delivery) Order

Use when: The judgment requires the return of specific property, not money.

A PSDO is for non-monetary judgments — the court ordered the debtor to return a specific item and they have not done so. The bailiff collects the item and delivers it to you.

This is uncommon in standard money claims but comes up in disputes involving specific goods, such as equipment that was loaned or property that was wrongly retained.

Picking the Right Sequence

For most judgment creditors dealing with an individual debtor who is employed and has a bank account, the practical sequence is:

1. Means Inquiry to identify assets and income
2. Instalment Order to give the debtor a structured payment plan
3. If they default: EAO to garnish wages automatically
4. Simultaneously or alternatively: DAO against the bank account for a lump-sum capture

If the debtor owns real property or valuable goods and the amount justifies it, add a PSSO to the mix. Each enforcement order costs money upfront, but all fees are added to the judgment debt and recoverable from the debtor.

The complete WA judgment enforcement guide includes a decision map that walks you through the asset-to-order matching process step by step, with all the forms and fee calculations built in.

See more Western Australia guides →