Taking someone to court because they owe you money or they are liable to pay you damages involves more than just securing a judgment. You will have to enforce that judgement through the court if the judgement debtor does not pay up.

Another round of court action looms but if you understand the options available to you, the mystery of enforcement can be dispelled.

One of the most straightforward ways of enforcing a judgment is by the issue of a Writ of Execution.

A Writ of Execution is issued upon application by the court and is directed to the Bailiff, who is required to levy (secure payment of the judgment) execution against any and all of the judgment debtor's goods, assets, shares, etc.

It is the responsibility of the Bailiff to sell assets and to pay the proceeds - up to the level of the judgment debt - to the judgment creditor. Often it will be necessary for the Bailiff to hold an auction for the sale.

Sometimes the Order that a judgment creditor has obtained from the court will require the judgment debtor to deliver up a particular item or asset.

In much the same way as a Writ of Execution is issued by the court and directed to the Bailiff, the same is true of a Writ of Delivery.

Invariably, however, the judgment creditor will not know what assets the debtor has.

So, before moving ahead with a Writ of Execution, the creditor can issue a Summons for the Debtor to be examined under oath as to what property or means of satisfying the judgment Order the judgment debtor has. The examination can also be used to determine what debts are owing to the judgment debtor.

This process is little used but is a powerful tool in the enforcement armoury as the creditor (or his attorney on his behalf) can largely ask any question on the debtor's finances.

Orders can be made following the examination which will lead to payment of the sums due or some other arrangement which will lead to a settlement of the judgment in time or payment from the debtor's wages or salary.

It may also reveal that the debtor is owed money from a third party. In such cases, the creditor can issue garnishee proceedings which enables the court to make an order against the third party to pay the sums owed to the debtor (up to the value of the judgment) directly to the creditor.

This process absolves the third party from paying the amount of the judgment debt to the debtor.

There are occasions when the debtor has no assets with which to pay the judgment but is in work.

In these circumstances, a judgment creditor can apply for an attachment of earnings order that directs the debtor's employer to deduct sums directly from the debtor's pay and remit it to the court or the judgment creditor.

This process will only work if the debtor has a job and keeps it. If he loses his job or changes his employer, the creditor must start the enforcement process again.

Where the judgment creditor is aware of the debtor's general circumstances and concludes that the judgment is unlikely to be paid by a lump sum payment then there is another process to follow.

After the issue of a Writ of Execution (which should always be issued to gain a position of priority with other unsecured and non-preferential creditors), a judgment Summons can be issued.

This directs the debtor to court to be examined as to his means and for an instalment order to be made for the payment of the judgment.

The court also has the power, upon application, to appoint a Receiver over the property or assets of the judgment debtor.

Before doing so, however, the court will have to consider the amount of the judgment, the likely amount that will be recovered by the receivership and the probable cost of the receivership.

Only in difficult situations, or where the judgment is for a very large amount, will a receiver be likely to be appointed.

In some courts, it is possible to commit a judgment debtor to prison if he should fail to obey an order of the court.

Many people wrongly believe that a debtor can be imprisoned for debt - the actual position is that a judgment debtor can be committed if he is in contempt of court.

If, having gone through this process, payment is still not forthcoming, bankruptcy of the debtor may be the only remedy although this in and of itself may not give the judgment creditor full payment of his judgment.

Attorney Kelvin Hastings-Smith is Manager of the Litigation Department at Appleby Spurling & Kempe. Copies of Mr. Hastings-Smith's columns can be obtained on the Appleby Spurling & Kempe web site at www.ask.bm.

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.