Enforcing a judgment
The court has ruled in your favour and the money has not reached you.
Enforcing a judgment means making sure a court decision or consent judgment is actually paid. For a bodily injury claim, this rarely becomes necessary.
The law already requires the at-fault driver’s insurer to satisfy the judgment.[1] That duty explains why enforcement is the exception here, not the rule.
Why payment usually follows without a fight
Once a certificate of insurance is in force, the insurer has a legal duty to satisfy a judgment.[1] This applies to a judgment for death or bodily injury against its policyholder.
This duty applies even if the insurer and the driver are in dispute. It is why your claim was really against the insurer from early on, whether it ended by consent judgment or was decided at trial.
When does enforcement become relevant?
Enforcement matters more where the paying party is not an insurer bound by this duty, such as an uninsured driver. It can also matter for a vehicle damage judgment, which does not carry the same statutory backing.
What options exist if payment does not follow?
General civil procedure provides several routes.
- Seizing assets to satisfy the debt.
- Garnishee proceedings, taking money owed to the paying party by someone else.
- A judgment debtor summons, requiring them to explain their finances in court.
Which route fits depends on who owes the money and what they have.
What is a judgment in default?
If a defendant fails to respond to a claim, a court can enter judgment against them without a full trial. That judgment is enforced in the usual way if payment does not follow.
What if payment has stalled?
A short delay in payment does not mean something has gone wrong. If real time has passed after the judgment, raise it directly and do not wait for it to resolve itself.
This is the point where an independent lawyer can act to enforce the judgment for you. Do you need a lawyer covers when help with this step is worth it.
For first contact, give only the general case status, such as whether judgment has been entered and whether payment is still outstanding. Keep judgment, insurer and payment details private until an identified independent lawyer contacts you and specifically asks you to share them directly.
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For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Once I have a judgment, do I chase the driver for payment?
Usually not directly. The law requires the at-fault driver's insurer to satisfy a valid judgment for death or bodily injury, so payment normally comes from the insurer rather than the individual driver.[1]
What if the insurer still does not pay?
This is uncommon for a properly obtained judgment, given the insurer's legal duty, but options such as garnishee proceedings or a judgment debtor summons exist under general enforcement procedure if it happens.
Does enforcement apply the same way to vehicle damage?
Not necessarily. A judgment for vehicle damage is enforced against whichever party the court ordered to pay, which may work differently from a bodily injury judgment against an insurer.
How long does enforcement usually take if it is needed?
This depends on which enforcement route is used and how the paying party responds, so no single figure applies fairly to every case. Most bodily injury judgments do not reach this stage at all.
Sources
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.