What if a party does not comply with the Employment Claims Tribunals (ECT) Order made against him?
The other party may commence enforcement proceedings against that party. An order made by a tribunal may be enforced in the same manner as a judgment given or an order made by a District Court. If you do not know the assets which the other party has, you may file an application for an Order for Examination of Enforcement Respondent. This allows you to question the other party on oath about their assets, income, and financial circumstances, so that you can decide on the most appropriate method of enforcement. Once you know what assets the other party has, you may file a Single Application for Enforcement to enforce the order.
The types of enforcement orders you may apply for include the following:
Writ of Seizure and Sale: This allows the Court bailiff to seize and sell the other party's movable property (such as goods, vehicles, or shares) or immovable property (such as land or a house) to satisfy the judgment debt.
Garnishee Order: This allows you to recover the judgment debt from a third party who owes money to, or holds money on behalf of, the other party. For example, if the other party has money in a bank account, you may apply for a garnishee order against the bank.
Charging Order: This imposes a charge on the other party's interest in property (such as land, securities, or funds in court), which may prevent the other party from disposing of that property without satisfying the judgment debt.
Appointment of Receiver: This allows the Court to appoint a receiver to collect income or assets on behalf of the judgment creditor.
Order for Delivery/Recovery of Movable Property: This allows you to recover specific movable property from the other party.
Order for Possession of Immovable Property: This allows you to recover possession of land or premises from the other party.
The guides on how to file the above may be found below:
How to file a Single Application for Enforcement: https://www.judiciary.gov.sg/civil/single-enforcement-application
How to file an Order for Examination of Enforcement Respondent: https://www.judiciary.gov.sg/civil/civil-claims-(from-1-april-2022)/enforce-an-order-or-judgment-(from-1-april-2022)/examination-of-enforcement-respondent-(from-1-april-2022)/file-an-order-for-examination-of-enforcement-respondent-(from-1-april-2022)
Related questions
Need more help?
Describe your issues to us.
