If a court made a judgment or monetary order in your favour, but you have not received your money, you can apply for an enforcement hearing to find out how to increase your chances of recovering what you’re owed.
The person (or entity) who owes you money (known as the enforcement debtor) will be summoned to appear in the magistrates court to answer questions under oath and/or produce documents about their financial position.
You and the enforcement debtor must both attend the enforcement hearing.
You should get legal advice before applying for an enforcement hearing, especially if you’re unsure about your legal rights or have questions about the law.
Queensland Courts staff can help you with procedural information, but we can’t give legal advice.
Who can apply online
You can complete your application online if you’re an enforcement creditor (i.e. a person or entity who is owed money), or a creditor’s solicitor or lawyer, and have:
- had a judgment or monetary order made in your favour (or registered for enforcement) in the Brisbane Magistrates Court
- an enforcement debtor who lives or has a business in the Brisbane Magistrates Court district (or you agree to pay their reasonable public transport expenses)
- given the enforcement debtor an individual's statement of financial position or company's statement of financial position, which they didn't return to you within 14 days, or didn’t complete to your satisfaction
- a judgment or monetary order that was made less than 6 years ago.
Who cannot apply online
You can’t complete this online form if your matter is registered for enforcement in a court other than the Brisbane Magistrates Court.
If it is registered for enforcement in a different Queensland magistrates court, you can still apply by filling in these 3 hard copy forms and lodging them at the court where it is registered:
Contact the Supreme and District courts if your matter is registered with those courts.
If your judgment or monetary order was made interstate, it must be registered in Queensland to be dealt with in Queensland.
Contact the magistrates court closest to the debtor's home or business to register it for enforcement in Queensland.
If your order is a QCAT order that has not yet been lodged as a judgment with the Magistrates court, visit the QCAT website for information on enforcing a QCAT decision.
Judgments made more than 6 years ago
You need the court’s permission to apply if your judgment or monetary order is more than 6 years old.
Contact the relevant magistrates court for more information if this applies to you.
How to fill in this form
You’ll need to refer to your judgment or monetary order to fill in this form.
The form will ask you to:
- choose information to appear in the court order and summons, including the documents you want the debtor to provide
- complete an affidavit
- explain your interest calculations (if you’re claiming interest)—you can calculate interest using the courts' interest calculator and print the result to lodge with your application
- provide the correct company or business name (if your claim involves a business or company)—you should do an ASIC company or business name search to find this information and print the result for lodging with your application.
How to lodge your application
You need to complete the following steps to lodge your application:
- Download all sections of the completed application form.
- Print and sign 1 copy of the application.
- Print 1 copy of the affidavit, but do not sign it yet—you need to sign it in front of a justice of the peace (JP) or qualified legal professional.
- Print and sign 3 copies of each summons (you’ll have a separate summons for each debtor you’re summoning)—1 signed copy each for you, the court and the debtor.
- Attach copies of:
- Swear or affirm your affidavit is true and correct in front of a JP or qualified legal professional—you can find a JP at the Brisbane Magistrates Court registry.
- Lodge the full application at the Brisbane Magistrates Court registry, 363 George Street, Brisbane .
Serving the summons
Once you’ve lodged your application, we will set a date for the enforcement hearing and return sealed copies of each summons to you.
At least 14 days before the enforcement hearing, you must give (or serve) a sealed copy of the relevant summons to the enforcement debtor it relates to. You should also give each enforcement debtor another individual's statement of financial position or company's statement of financial position to complete. (They must give it back to you at least 4 business days before the enforcement hearing.)
You can give the enforcement debtor these documents yourself, or pay a commercial agent, process server or enforcement officer/bailiff to do it for you. You can find contact details for commercial agents and process servers in the yellow pages. We can put you in touch with enforcement officers/bailiffs.
When the enforcement debtor receives these documents, they have been summoned to appear in court at the date set for the hearing.
You must prove someone has served the summons on the enforcement debtor. The person who served the summons should complete an affidavit of service (form 46) as evidence and you should lodge this at the court registry before your enforcement hearing date.
When to pay travel expenses
If the enforcement debtor doesn’t live or have a business in the Brisbane Magistrates Court district, you must pay their reasonable public transport expenses (known as conduct money) so they can attend the enforcement hearing.
You should pay them when you give them the summons, or at a reasonable time before they need to appear in court.
Summary of how to apply for an enforcement hearing
Follow these steps to apply for an enforcement hearing in the Brisbane Magistrates Court:
- Fill in this online form.
- Lodge it with the Brisbane Magistrates Court by following the lodgement steps set out above.
- Serve the summons and a statement of financial position on the debtor at least 14 days before the hearing. The enforcement debtor must give you their completed statement of financial position at least 4 business days before the enforcement hearing.
- Pay the debtor's reasonable public transport expenses (if they live outside the Brisbane Magistrates Court district).
- After serving the summons and before the hearing date, lodge the affidavit of service with the court.
- You and the enforcement debtor should both attend the enforcement hearing on the date set by the court.
Contact the Brisbane Magistrates Court by:
- emailing email@example.com
- phoning (07) 3247 5598.
Contact another court.