This section explains what a judgment debt is and the options that are available to your client in the event that they become aware of a judgment debt. It also sets out the potential enforcement measures a creditor can take if judgment is obtained against your client. Importantly, the limitation period for judgment debts is 15 years. However, judgment cannot be enforced against your client if he or she is judgment proof.
Does your client have a judgment debt?
It may be the case that your client has a judgment debt that they are not aware of until the creditor applies to enforce the judgment debt. If your client did not enter a defence, judgment would have been made for payment of the debt (plus costs and interest from the date of the court proceedings) without a hearing.
The judgment will be entered into the court records but the client will not be told about the judgment.
To confirm whether your client has a judgement debt, contact the court or obtain a copy of the client’s credit report as set out in Getting Documents.
Once judgment has been made, the creditor can take enforcement action to get their money. They can do this for up to 15 years after the date of the judgment.