Winning a court case is a relief, but a judgment is only a piece of paper until the money is paid. Many debtors pay once judgment is granted. Others ignore it, hide assets or simply have nothing to attach. For creditors, the second half of the litigation, enforcing the judgment, can be as important as the first.
South African law gives judgment creditors a range of tools, from attaching movable property to seizing bank balances, attaching salaries and, as a last resort, selling a debtor’s home or applying for liquidation or sequestration. Each tool has its own procedure and safeguards, and the courts continue to apply those safeguards closely. In 2025, for example, several High Court judgments set out in detail how judges weigh applications to sell a debtor’s primary residence and how reserve prices are fixed.
This article explains how execution works in practice and how to choose the right route.
Before you execute
Start by checking that the judgment can be enforced. Under section 18 of the Superior Courts Act 10 of 2013, the operation and execution of a decision is generally suspended while an application for leave to appeal, or an appeal, is pending. A debtor may also apply to rescind a default judgment. If either has happened, execution may have to wait, unless the court orders otherwise.
It is also worth sending a letter of demand with the judgment attached. Some debtors pay once they see that enforcement is about to start, and a demand creates a clear record if further steps are needed.
Execution against movable property
The standard first step is a writ of execution (in the High Court, under Uniform Rule 45) or a warrant of execution (in the Magistrates’ Court). The sheriff serves the writ on the debtor and demands payment. If payment is not made, the sheriff attaches movable property, such as vehicles, equipment, stock or furniture, which is later sold at a public auction.
Points to bear in mind:
- Property belonging to third parties, such as leased equipment or goods subject to a valid retention of title clause, cannot be sold to pay the debtor’s debts. Third parties can bring interpleader proceedings to protect their property.
- Certain essential items, such as basic household furniture and tools of trade up to a limit, are exempt from attachment.
- If the sheriff finds no attachable assets, they issue a nulla bona return. This is frustrating, but it is useful evidence for the next steps, including insolvency proceedings.
Attaching money owed to the debtor
A debtor’s assets often include money held by others: a bank balance, rent paid by tenants, or amounts owed by the debtor’s own customers. A creditor can apply for a garnishee order, which directs the third party to pay the money to the creditor instead of the debtor. Bank accounts can also be attached by the sheriff.
Salaries are dealt with differently. In the Magistrates’ Court, an emoluments attachment order directs an employer to deduct instalments from the debtor’s salary. Following a 2016 Constitutional Court judgment and amendments introduced by the Courts of Law Amendment Act 7 of 2017, section 65J of the Magistrates’ Courts Act 32 of 1944 requires a court to authorise these orders, and caps the total deductions at 25% of the debtor’s basic salary.
Financial inquiry
Where it is unclear what the debtor owns, the Magistrates’ Courts Act allows the creditor to call the debtor to court for a financial inquiry under section 65A and the following sections. The debtor must disclose their income, assets and expenses, and the court can order payment in instalments. Failing to attend can have serious consequences for the debtor.
Execution against immovable property
Where movable assets are insufficient, the creditor may execute against immovable property under Uniform Rule 46 (or the equivalent Magistrates’ Court rules). The property is sold at a sale in execution, and the proceeds are distributed according to the ranking of creditors, with bondholders paid first.
Where the property is the debtor’s primary residence, Uniform Rule 46A applies. The court must be asked to declare the property specially executable and must consider whether there are other reasonable ways to pay the debt, whether execution would be disproportionate, how the debt arose and the debtor’s circumstances. The court must also consider whether to set a reserve price. Recent decisions confirm that the debtor bears the burden of putting facts before the court that weigh against execution, and that unrealistic repayment proposals carry little weight. Creditors, in turn, must provide full and accurate information, including valuations and municipal arrears.
Insolvency proceedings
If a debtor cannot pay, insolvency proceedings may be the most effective lever:
- For a company, a creditor can apply for liquidation on the basis that the company is unable to pay its debts. An unpaid judgment and a nulla bona return are strong evidence of this.
- For an individual, a creditor can apply for sequestration under the Insolvency Act 24 of 1936. A nulla bona return is an act of insolvency.
Insolvency proceedings benefit all creditors, not only the applicant, and are expensive. They are best used where there is evidence that assets exist, or where the threat of liquidation is likely to prompt payment.
Interest, costs and time limits
A judgment debt usually carries interest at the rate stated in the order or, if none is stated, at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975. The in duplum rule may limit the total arrear interest that can accrue. Execution costs are usually recoverable from the debtor.
A judgment debt prescribes after 30 years under the Prescription Act 68 of 1969, so a creditor can return to enforcement if a debtor later acquires assets. However, delay makes recovery harder in practice, and some procedural steps, such as reviving an old writ, may need a court application.
A practical enforcement checklist
- Confirm that no appeal or rescission application suspends execution.
- Send a letter of demand with the judgment attached.
- Gather information on the debtor’s assets: property, vehicles, bank accounts, employers, customers and business interests.
- Issue a writ or warrant of execution and instruct the sheriff.
- Consider garnishee orders and, in the Magistrates’ Court, emoluments attachment orders.
- Use a financial inquiry where the debtor’s position is unclear.
- If movables are insufficient, consider execution against immovable property, observing Rule 46A for a primary residence.
- Assess whether liquidation or sequestration would be effective.
- Keep track of interest, costs and payments received.
How O’Reilly Law can help
We act for creditors in enforcing High Court and Magistrates’ Court judgments and arbitration awards, including writs of execution, garnishee orders, Rule 46A applications, financial inquiries and liquidation and sequestration proceedings. We also advise debtors on their rights, settlement options and applications to stay or set aside execution.
Contact us to discuss enforcing your judgment.
Related reading: Anti-dissipation interdicts and Anton Piller orders · Prescription: when your claim or debt expires
This article is general information and not legal advice. Correct as at November 2026.