How do you enforce an Employment Claims Tribunals Order Talk 2017... · Fong King Man Deputy Registrar. State Courts. ... Ex parte summons. Affidavit. No service on Judgment Debtor

How do you enforce an Employment Claims Tribunals Order

Fong King Man

Deputy Registrar

State Courts

Introduction

All Tribunal orders may be enforced in thesame way as a District Court order.

The person applying to enforce an order willbe known as the “Judgment Creditor” andthe other party will be known as the“Judgment Debtor”.

Consider if it is worthwhile to enforce the order

Has Judgment Debtor been made bankrupt or wound up?

Before you begin

Conduct updated checks through CrimsonLogic Service Bureau

133 New Bridge RoadChinatown Point #19-01/02

Singapore 059413

Common ways to enforce an Employment Claims Tribunals Order

Garnishee Order Writ of Seizure and Sale

Which option to choose?(not mutually exclusive)

Find out what assets the Judgment Debtor has

Apply for an Examination of Judgment Debtor (EJD)

Examine the Judgment Debtor under oath to find out what assets are available

Examination of Judgment Debtor (EJD) application

Ex parte summons

Affidavit

No service on Judgment Debtor necessary

Form 99, Rules of Court

EJD application

EJD order

EJD order granted by the Court

To conduct oral examination on what property the Judgment Debtor has

Judgment Debtor or officer to produce relevant books or documents

EJD application

If you are the Judgment Creditor:

A hearing date will be fixed

Order for EJD must be served on theJudgment Debtor before the hearing date

Enclose a questionnaire(Forms 16 or 17 of State Courts Practice Directions)

EJD application

Form 16, State Courts Practice Directions

EJD application

Send completed questionnaire and documents to Judgment Creditor before the hearing

Attend the hearing

Bring completed questionnaire and documents to hearing

EJD application

If you are the Judgment Debtor:

At EJD HearingJudgment Creditor

satisfied with answers and documents

EJD Order to be

discharged

Judgment Creditor not satisfied with

answers and documents

Examine the Judgment

Debtor

Judgment Debtor to answer

questions on oath / file affidavit

EJD application

Document Fee

Filing of summons $10

Filing of affidavit Up to 10 pages: $10$1 per additional page

Extraction of Order of Court $10

Processing fee $4

Transmission fee $0.80 per page

Service bureau fee $8 - $10 per document

Request to appoint date for examination Only processing, transmission and service bureau fee

Hearing fee $50 per person$100 for every hour requested

Common fees for EJD Proceedings

As at 18 November 2017

EJD application


Garnishee Order Writ of

Seizure and Sale

After obtaining information from EJD Proceedings

Garnishee Proceedings

Judgment Creditor

GarnisheeJudgment Debtor

Step 1: Apply for Provisional Garnishee Order

Step 2: Serve Provisional Garnishee Order on Garnishee and Judgment Debtor

Step 3: Attend Garnishee Hearing



Step 1: Apply for Provisional Garnishee Order

Ex parte summons

Affidavit

No service on Judgment Debtor or Garnishee necessary

Form 102, Rules of Court


Step 2: Serve the Provisional Garnishee Order

Provisional garnishee order granted by the Court

Hearing date will be fixed for Garnishee andJudgment Debtor to attend

Judgment Creditor must serve the provisional garnishee order on the Garnishee and Judgment

Debtor at least 7 days before hearing


Step 3: Attend the hearing

If Garnishee is absent or does not dispute debt, the Court may make provisional garnishee order final.

If Garnishee disputes the debt, the Court may hear arguments and decide on the matter.


Common fees for garnishee proceedingsDocument Fee

Filing of summons $10

Filing of affidavit Up to 10 pages: $10$1 per additional page

Extraction of Order of Court $10

Processing fee $4

Transmission fee $0.80 per page

Service Bureau fee $8 per document



The Judgment Debtor may be ordered to pay the legal costs of the application to the Judgment Creditor and the Garnishee.


Garnishee Order Writ of

Seizure and Sale

After obtaining information from EJD Proceedings

Writ of Seizure and Sale (WSS)

Court Bailiff to enter the Judgment Debtor’s premises to seize and sell movable property

Step 1: Apply for Writ of Seizure and Sale (WSS)

Step 2: Attend on date of execution of WSS with Court Bailiff

Step 3: Court Bailiff will enter Judgment Debtor’s premises to seize items

Step 4: If no payment by Judgment Debtor within 7 days, proceed to auction

Writ of Seizure & Sale

Step 1: Apply for WSS Form 82, Rules of Court


Step 2: If WSS application is accepted,

a date will be fixed for execution of WSS


Step 3: On day of WSS execution

Judgment Creditor to attend

Hand the following documents to the Court BailiffAppointment letterOfficial receipt for payment of the depositSigned letter of authorisation and

indemnity


Court Bailiff will:

Enter premises and may seize items and mark them with a seal

Inform Judgment Creditor if there are items which cannot be

seized by law

Serve the necessary forms or documents on Judgment Debtor


If it is the first attempt, and the premises are locked, the Court Bailiff will leave a notice at the premises before returning on

another day


Step 4: After seizure

Judgment Debtor has 7 days to pay

Otherwise, Judgment Creditor can file “Request to proceed with auction”

Auction date: 3 – 5 weeks from Notice of Sale


Common fees for WSS


Document Fee

Filing of WSS $60

Undertaking, Declaration and Indemnity $10

Order of Tribunal $10

Request for Date for be Appointed for Execution $10

Request to Proceed with Auction $10


Excluding electronic filing and manual handling fees by CrimsonLogic Service Bureau

Common expenses for the WSS executionBailiff attendance fee $50 per hour or part thereof

Court commission Min. of $50 on seized itemsMin. of $100 if seized items are sold

Auctioneer’s fee Min. $150 (estimated value of seized items ≤$2,000)Min. $800 (estimated value of seized items >$2,000)

Locksmith charges(if applicable)

Market rate

Valuation charges(if applicable)

Market rate


These expenses may be recovered from the Judgment Debtor if the execution is successful and the proceeds from the sale of the seized items are sufficient to cover the judgment debt and the expenses incurred.

If Judgment Creditor decides not to continue with the execution subsequently, the filing fees will not be refunded and the Judgment Creditor will not be able to claim the filing fees or other expenses from the Judgment Debtor.

THANK YOU

Documents

How do you enforce an Employment Claims Tribunals Order Talk 2017... · Fong King Man Deputy Registrar. State Courts. ... Ex parte summons. Affidavit. No service on Judgment Debtor