1. Paying civil debt

Civil Debt

Paying civil debt

Overview

If you have been told by the court to pay a civil debt, you need to do this as soon as possible. Civil debt is money you legally owe to another person, people or business.

You are the debtor and the person, people or businesses you owe are the creditor. 

If you pay the correct amount on time you will not hear any more about it from the court. 

What happens if you don’t pay on time

You need to pay the correct amount on time or agree a payment plan with the creditor.

If you don’t, the creditor can ask the court to help them collect the debt. This is called civil enforcement. There are fees for civil enforcement that may be added to your debt. You may also have to pay interest on any unpaid debt if the creditor has successfully applied for it. The judgment order will say whether the creditor can claim interest on the debt.

Civil enforcement action

Fees and charges for civil enforcement

Interest on civil debt

How to pay civil debt

You need to follow the requirements set out in the court’s judgment order.

Make sure you ask the court for the creditor’s current contact details. You will need these so you can arrange to pay them directly.   

If you have arranged with the creditor not to pay the full debt immediately, you may have to pay interest on the debt. 

You should keep a record of your payments, as well as any interest you might need to pay. If you are unsure how much money you owe at any point, you will need to contact the creditor. We do not have up-to-date records of civil debt. 

About the judgment order

The judgment order explains how much you must pay and when you must pay it. It might include:

  • specific instructions for paying the creditor (including whether interest can be added if the debt is not paid)

  • or an agreed attachment order (for regular wage or benefit deductions), if you agree to one at the hearing. This can be filed in court the same day the judgment order is issued. 

It is important to talk to the creditor or their agent (for example, a lawyer) about your ability to pay. If you can’t pay the debt as specified in the judgment order:

  • you may be able to organise with the creditor to pay by instalments or

  • you can apply for enforcement action on yourself (for example, filing a financial statement to show what you are able to pay or putting in place an attachment order for wage or benefit deductions). 

Civil enforcement action debtors can take

If you do not pay on time, the creditor can apply for civil enforcement action against you. Fees or costs the creditor pays for court enforcement action may be added to the amount you owe.  

You can also request some enforcement action to help you pay. You will need to pay any fees or costs when you apply. 

There are two enforcement actions you (the debtor) can take:

  • applying for an attachment order, so your employer can deduct payments from your wages or benefit

  • filing a financial statement, so the court can decide if you’re able to pay, how much and how often.

To find out more about these enforcement actions and others the creditor can apply for, go to Civil enforcement. This includes information for employers needing to make deductions from your wages. 

Have a question?

We're here to help. Call us between 8:00am and 7:00pm, Monday to Friday.

How to contact us