Most clients believe that once judgment is granted, the matter is over. In reality, that is often the point where the real work begins. We were recently instructed in a matter involving a longstanding relationship between a client and her interior decorator, a relationship built over more than 15 years. What followed was not a dispute about quality or scope, but a gradual shift from delay to non-performance. Given the history between the parties, there was, understandably, patience. Explanations were given. Time was extended. But there comes a point where the issue is no longer the explanation. It is performance.

A disciplined approach

Once instructed, we followed a structured and measured process. A formal letter of demand was issued, clearly setting out the claim and providing a defined timeline for payment. In an effort to resolve the matter commercially, we proposed a payment arrangement and an acknowledgement of debt. Thereafter, multiple attempts were made to engage the debtor, via telephone, WhatsApp, and email. There was no meaningful response. At that point, the matter moved out of conversation and into action. We issued Summons and served. The debtor did not defend the matter, and default judgment was granted. For many, this is where the process would end. However, a judgment is not a result. It is a tool. The work was just getting started.

What followed required persistence. We instructed the sheriff to execute. Initial attempts yielded no attachable assets, a familiar pattern where debtors attempt to evade enforcement. We instructed the sheriff again, and again, and again. Eventually, assets at the debtor’s property were attached. Even then, resistance continued. At one point, the debtor misrepresented to the sheriff that a settlement had been reached in order to delay removal. We persisted. On a subsequent attendance, the sheriff proceeded to remove furniture. Faced with the reality of enforcement, the debtor made an upfront payment to prevent further removal.

That moment shifted the dynamic. Once it became clear that enforcement would not be delayed or abandoned, the debtor engaged through her attorney. A structured repayment followed. What had been months of delay and avoidance shifted into meaningful payments, culminating in full settlement of the capital amount, together with interest and costs.

In our experience, the greatest risk to a creditor is not losing a case, but it is stopping at judgment. Effective legal work is not only about obtaining an order.

It is about staying the course, firmly, consistently, and without losing momentum until the outcome is realised.

In law, a judgment creditor has several enforcement mechanisms available, including warrants of execution against movable and immovable property, garnishee orders, emoluments attachment orders, and, in appropriate circumstances, applications for the liquidation or sequestration of a debtor. The appropriate route will always depend on the specific facts of the matter and the debtor’s asset position.

If your matter has reached judgment but not resolution, it is worth asking whether the next step has been properly pursued.