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Claiming Payment Introduction Enforcement
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| [ Publication date Jan 01, 2001 ] |
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If a losing party does not obey the arbitrator's orders - or the judge's orders known as "judgment" or "court order" - that he is to pay money, his opponent may apply to court to ask for the arbitrator's order (called "an award") or the court order to be carried out by force. There are different methods to enforce the orders, such as: - Having a court officer, called the "sheriff",
seize the goods of the losing party (called "judgment debtor") who was ordered to pay compensation but did not do so. This is known as a Writ of Seizure and Sale.
- "Freezing" or taking control of the judgment
debtor's bank account until the winning party (called the "judgment creditor") is paid. This is called
"garnishee proceedings".
- New court proceedings to bankrupt the losing party (if he is a private individual) or have it wound up (if it is a private limited company).
- Forcing the judgment debtor to go before the court to reveal where he may have assets which can be used to pay the amount ordered. This procedure is called "Judgment Debtor Summons". If the losing party does not appear or disclose the information ordered by the court, the court can order him to be imprisoned for disobedience to the court, which is known as "contempt of court".
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