Editing Judgment (law) (section)

== Enforcement of judgments ==

When a [[court]] renders a judgment, it may state that the successful party has a right to recover money or property. However, the court will not collect the money or property on behalf of the successful party without further action. In [[common law]] legal systems, judgment enforcement is regulated by [[administrative divisions]] such as a [[province]], [[Territory (geographic region)|territory]], or [[federated state]], while in [[Civil law (legal system)|civil law]] legal systems judgment enforcement is regulated through the national ''Code of Civil Procedure''. Judgment enforcement, on a conceptual level, is conducted in a similar way across different [[legal systems]]. Specific references to the judgment enforcement rules of [[Germany]], [[Canada]] ([[Saskatchewan]]), and the [[United States]] ([[California]]) are made in this section.

The successful party may receive immediate payment from the unsuccessful party on the basis of the judgment and not require further action. A successful party who does not receive immediate payment must initiate a judgment enforcement process in order to collect the money or property that they are entitled to under the judgment.<ref name="auto6">{{Cite web |title=Enforcing orders |url=http://www.sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders |access-date=2024-05-10 |archive-date=2021-07-12 |archive-url=https://web.archive.org/web/20210712004221/https://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders |url-status=dead }}</ref><ref>{{Cite web |title=Collecting the Judgment {{!}} Superior Court of California {{!}} County of Orange |url=https://www.occourts.org/self-help/self-help-small-claims/collecting-judgment |access-date=2024-04-19 |website=www.occourts.org}}</ref><ref name="auto7">{{Cite web |title=European e-Justice Portal - European Judicial Network in civil and commercial matters |url=https://e-justice.europa.eu/content_european_judicial_network_in_civil_and_commercial_matters-21-en.do |access-date=2024-04-19 |website=e-justice.europa.eu}}</ref> Once this process is initiated, the successful party may be referred to as the [[judgment creditor]] while the unsuccessful party will be referred to as the [[judgment debtor]] in [[North America]].<ref name="auto6"/><ref>{{Cite web |title=Collecting the Judgment {{!}} Superior Court of California {{!}} County of Orange |url=https://www.occourts.org/self-help/self-help-small-claims/collecting-judgment |access-date=2024-04-19 |website=www.occourts.org}}</ref>

Judgment creditors can register their judgments through the property registry system in their jurisdictions,<ref>{{Cite web |title=Step 3 – Register Your Judgment with the Land Titles Registry |url=http://www.sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders |access-date=2024-05-10 |archive-date=2021-07-12 |archive-url=https://web.archive.org/web/20210712004221/https://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders |url-status=dead }}</ref> levy the property in question through a writ of execution,<ref>{{Cite web |title=Collecting the Judgment {{!}} Superior Court of California {{!}} County of Orange |url=https://www.occourts.org/self-help/self-help-small-claims/collecting-judgment |access-date=2024-04-25 |website=www.occourts.org}}</ref> or seek a court order for enforcement<ref name="auto7"/> depending on the options available in their jurisdiction.

Judgment creditors may also need to investigate whether judgment debtors are capable of paying.<ref>Courts of Saskatchewan, ''Enforcing Orders'' (Last accessed March 28, 2015), http://www.sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders {{Webarchive|url=https://web.archive.org/web/20150317052840/http://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders |date=2015-03-17 }} (See specifically "Step 5 (Optional) – Question the Judgment Debtor").</ref> Understanding whether a judgment debtor is capable of fulfilling the judgment order may affect the enforcement mechanism used to recover the money or property. Some steps are available in different jurisdictions to investigate or interview judgment creditors, and investigations may be conducted either by the judgment creditor or by a [[sheriff]] or [[bailiff]].<ref>Courts of Saskatchewan, ''Enforcing Orders'' (Last accessed March 28, 2015), http://www.sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders {{Webarchive|url=https://web.archive.org/web/20150317052840/http://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders |date=2015-03-17 }} (See specifically "Step 4 (Optional) – Give The Sheriff an Enforcement Instruction").</ref><ref name="auto8">{{Cite web |title=European e-Justice Portal - European Judicial Network in civil and commercial matters |url=https://e-justice.europa.eu/content_european_judicial_network_in_civil_and_commercial_matters-21-en.do |access-date=2024-04-25 |website=e-justice.europa.eu}}</ref>

Different enforcement mechanisms exist, including seizure and sale of the judgment debtor's property or [[garnishment]].<ref>Courts of Saskatchewan, ''Enforcing Orders'' (Last accessed March 28, 2015), http://www.sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders {{Webarchive|url=https://web.archive.org/web/20150317052840/http://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders |date=2015-03-17 }} (See specifically "Step 7 – Distribution of Monies Collected by Sheriff").</ref> Some jurisdictions, like California, also allow for additional enforcement mechanisms depending on the circumstances, such as suspending the judgment debtor's driver's license or professional license.<ref>{{Cite web |title=Collecting the Judgment {{!}} Superior Court of California {{!}} County of Orange |url=https://www.occourts.org/self-help/self-help-small-claims/collecting-judgment |access-date=2024-04-25 |website=www.occourts.org}}</ref> In Germany, a [[bailiff]] is responsible for enforcing the judgment and is empowered to use a number of different enforcement mechanisms.<ref name="auto8"/>

In Germany, the judgment creditor is entitled to enforce the judgment 30 years past the judgment date.<ref>{{Cite web |title=European e-Justice Portal - European Judicial Network in civil and commercial matters |url=https://e-justice.europa.eu/content_european_judicial_network_in_civil_and_commercial_matters-21-en.do |access-date=2024-04-25 |website=e-justice.europa.eu}}</ref> In California and Saskatchewan, the judgment creditor is entitled to enforce the judgment 10 years past the judgment date subject to exceptions that allow the judgment creditor to renew the enforcement for an additional 10 years.<ref>{{Cite web |title=Collecting the Judgment {{!}} Superior Court of California {{!}} County of Orange |url=https://www.occourts.org/self-help/self-help-small-claims/collecting-judgment |access-date=2024-04-25 |website=www.occourts.org}}</ref>
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'''Release of judgments'''

Depending on the jurisdiction, the judgment debtor may be able to obtain a "[[Accord and satisfaction|satisfaction and release of judgment]]" document from the judgment creditor. This document affirms that the judgment debtor has fulfilled any obligations relating to the judgment.

For example, in [[California]], a judgment creditor must file an "Acknowledgment of Satisfaction of Judgment"<ref>The Judicial Branch of California, ''SC-290 Acknowledgment of Satisfaction of Judgment'' (Last accessed March 28, 2015), http://www.courts.ca.gov/documents/sc290.pdf.</ref> where it has been paid in full by the judgment debtor within 15 days of the judgment debtor's request.<ref>''California Code of Civil Procedure'', C.C.P. § 724.005.</ref> This document has the effect of formally closing the case<ref>''California Code of Civil Procedure'', C.C.P. § 724.003.</ref> and terminating any ongoing [[garnishment]] arrangements or liens.<ref>''California Code of Civil Procedure'', C.C.P. § 706.027.</ref> In [[Saskatchewan]], upon either the satisfaction or withdrawal of a judgment, a judgment debtor can seek a discharge of judgment.<ref>The Enforcement of Money Judgments Regulations, R.R.S. ch. E-9 22, Reg 1, s 11(1) (Can.).</ref> If successful, the judgment is removed from the Judgment Registry and detached from any property registered on the Personal Property registry, titles, or interests in land.<ref>The Enforcement of Money Judgments Regulations, R.R.S. ch. E-9 22, Reg 1, s 11(2) (Can.).</ref>