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Disputes Tribunal:-
Where a Decision is Against You
Click here for information about the Disputes Tribunal.
Important information
The referee has made an order for you to:
- make a payment to the other party in your dispute (the ‘creditor.), or
- deliver property to the creditor, or
- carry out work for the creditor
The Tribunal order will set out what you must do and when you must do it by.
Your rights of appeal or rehearing are set out on the back of the Tribunal order.
If you do not obey the Tribunal order, the other party can instruct the Court to take enforcement action against you. You will be required to pay any costs of enforcement action. You will avoid these extra costs if you comply with the Tribunal order voluntarily and on time.
An order has been made against you - what to do next
If you do not want to obey the order
Orders for Examination
Distress Warrants
Frequently Asked Questions
What To Do Next
It is your responsibility to do what the Tribunal has ordered by the date or time on the order (or within 48 hours if no date or time is specified).
The other party (creditor) may contact you directly to arrange for the order to be carried out.
If You Do Not Obey The Order
If you do not obey the order of the Tribunal, the creditor can ask a legal agent or debt collection agency to act on their behalf, and/or they can apply to the District Court to enforce the order.
If enforcement action is filed against you, the costs are added to what you have to pay. These costs include all filing fees, plus any towing, storage and auction costs if your possessions are seized.
The first enforcement steps are usually:
- an Order for Examination (to examine your financial situation), or,
- a Distress Warrant (to demand immediate payment or have your personal possessions taken and sold to pay the debt)
An Order for Examination
This is an application by the creditor to have you appear in front of a Court official (an Examination hearing). Your financial situation is examined and decisions are made about your ability to pay. You must attend the hearing.
If you are able to pay, the Court official will either set out payment terms which you must follow or direct that enforcement action is started against you, for example:
- assets or possessions are taken by a Bailiff or Collections Officer and sold to pay the debt (Distress Warrant)
- compulsory deductions are made from your benefit, wages or salary (Attachment Order)
- for larger debts, a record of the debt can be registered against some property you own, for example land, buildings, shares etc.(Charging Order)
Note: You may also apply to the Court for an Examination hearing, if you believe you cannot meet the payment terms stated in the Tribunal order. You will have to pay the filing fee for this application.
A Distress Warrant
This is an application by the creditor to have a Bailiff or Collections Officer demand payment from you in person for the amount owing, and seize your personal possessions (e.g. television, stereo, vehicle,) if you don't pay the full amount immediately. These items are sold by the Court to pay the debt and any costs.
Frequently Asked Questions
Q. What happens if an Order for Examination is made against me?
A. You must attend the Court at the date, time and place shown on the Order. If you pay the full amount owing before the hearing, the hearing will be cancelled. If you do not attend and do not contact the Court with a serious explanation, a Warrant to Arrest may be issued. You can then be arrested and brought to the Court for the hearing (You may be granted bail on the condition that you attend on a set date).
Q. What happens if I don't comply with decisions made at an Examination hearing?
A. If you are in breach (contempt) of a Court Order made at the hearing, the creditor can apply for further enforcement action, including a Contempt of Proceedings Order. Contempt of Proceedings means the matter is heard by a Judge and you can be sentenced to Periodic Detention as a penalty for not obeying a Court Order. This penalty does not replace the original Tribunal Order - e.g. you still have to pay what you owe to the other party.
Q. What happens when a Distress Warrant is issued?
A. The Bailiff or Collections Officer will visit you to demand full payment for the amount owing, and may seize your personal possessions if you don't payin full. These people are Department for Courts staff and will have identification and the Warrant with them. They have the legal right to enter your property and take items which they believe to be yours.
Q. If I don't pay, can I be made bankrupt?
A. If a Distress Warrant is returned to the Official Assignee because you don't have enough money or assets to pay the debt, the creditor can apply to the Official Assignee to start bankruptcy proceedings.