Obtaining a Court judgment is not the final step in the legal process. Enforcing that court judgment can sometimes be a separate and challenging process.
Here’s the twist: just getting the judgment does not mean everything is settled. Sometimes, the person who loses the case might not want to pay the money they owe or follow the orders the Court has given.
So, the person who wins the case has to take extra steps to make sure the judgment is enforced. They have to find ways to get the money they were owed or make the defaulting party adhere to what they are supposed to do.
In Ghana, there are several ways of enforcing a judgment of court.
One way is “Garnishee Proceedings” which means taking money that the Judgement Debtor (losing party) was supposed to receive from a third party, like their employer or bank, and giving it to the Judgement Creditor (victorious party) to pay off the debt owed by the Judgment Debtor.
Another way is using a “Writ of Fieri Facias.” This fancy term means taking the losing person’s stuff, like their things or property, and selling them to get the money needed to pay off the debt owed.
Sometimes, the court would even appoint special people called “Receivers” to collect the money the losing person makes from their business. The Receivers would use that money to satisfy the judgment debt and make things right.
But here’s the important part: enforcing a court judgment isn’t always easy. Sometimes the losing person doesn’t have much money or valuable things. In a situation such as this, the person who wins the case has to think of other ways to use to get their money or enforce their judgement.
So, if you ever find yourself in a situation where you are victorious in a court case but have difficulty enforcing the judgement, remember to consult a lawyer. A lawyer will help you understand the specific steps to take and advise you on options available to enforce your procured court judgment.
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