Imprisonment of Fraudulent Debtors Act 1958 (Victoria) — Zoe

Victoria act

Imprisonment of Fraudulent Debtors Act 1958

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Victoria

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What this law does, mechanically

Abolishes arrest on a writ of capias ad satisfaciendum out of the Supreme Court (s.3). Instead it provides a procedure that lets a creditor summon and examine a judgment debtor about their assets and means of payment, and in limited circumstances order commitment to prison if the debtor does not pay (Parts I–III: ss.4–5, 15–16, 22).
The creditor obtains a summons from the court registry (Supreme Court: prothonotary; County Court: registrar; Magistrates' Court: registrar) (s.4, s.15, s.22; Second/Third/Fourth Schedules). The summons must be personally served and requires the debtor to attend to be examined on oath or affirmation about assets, transfers, intent to leave Victoria to avoid payment and how the liability arose (s.4, s.15, s.22; Schedules).
Grounds that may lead to an order for payment or to imprisonment include (among others): imminent departure from Victoria to avoid payment, departure elsewhere in Victoria with intent to evade payment, obtaining credit or incurring the liability by fraud or breach of trust, and transfer/charge/concealment of property with intent to defraud creditors (see s.5(2)(b)–(c) and s.5(3) for Supreme Court; comparable provisions at s.16 for County Court and s.22 for Magistrates' Court).
If the court is satisfied on these matters it may order the debtor to pay the judgment (immediately or by instalments) together with interest (statutory maxima differ by court), costs relating to fruitless execution and summons/examination costs, and may direct commitment to prison for non-payment for a capped term (Supreme Court: up to 6 months (s.5(3)); County Court: up to 4 months (s.16(3)); Magistrates' Court: up to 2 months (s.22)).

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What it does

The Imprisonment of Fraudulent Debtors Act 1958 (Vic) consolidates the law that once allowed a judgment creditor to have a debtor imprisoned for non‑payment of a civil debt. The Act abolishes the old common‑law writ of capias ad satisfaciendum for the Supreme Court (section 3) and prohibits imprisonment for debt simpliciter in the County Court (section 14) and the Magistrates’ Court (section 22). Instead, it preserves a limited power of imprisonment only where the debtor is proved to have acted fraudulently or to be about to abscond with the intention of evading payment. The Act creates a three‑tier regime depending on which court entered the original judgment. Part I (sections 3‑13) applies to judgments of the Supreme Court; Part II (sections 14‑21) to judgments of the County Court; Part III (sections 22‑28A) to orders of the Magistrates’ Court. Part IV (section 29) contains a general provision about service of the judgment.

In each tier, the judgment creditor may apply for a summons requiring the debtor to attend court and be examined on oath or affirmation about the debtor’s estate, property, means of paying the debt, disposal of property, and intention to leave Victoria or to depart elsewhere within Victoria with intent to evade payment (sections 4, 15, 22). The examination covers also the mode in which the liability was incurred, so that fraud or breach of trust may be exposed. If the debtor fails to appear without sufficient excuse, refuses to be sworn or to answer, or does not answer to the court’s satisfaction, the court may proceed to consider whether a ground for commitment exists. Alternatively, the court may be satisfied by oral testimony or affidavit that the debtor is about to leave Victoria without paying, is about to depart elsewhere within Victoria with intent to evade payment, or - if the debtor is the defendant who incurred the liability - obtained credit by fraud or breach of trust, or has made a gift, delivery, transfer, charge, removal or concealment of property with intent to defraud creditors (sections 5(2),(3); 16(2),(3); 22(1),(2)). Upon proof of one of these grounds, the court may order that unless the debtor pays the unsatisfied money (with interest and costs) within a stated time or by instalments, the debtor shall be committed to prison. The maximum term of imprisonment is six months for the Supreme Court (section 5(3)), four months for the County Court (section 16(3)), and two months for the Magistrates’ Court (section 22). Imprisonment under the Act does not satisfy or discharge the debt; a fresh writ or warrant against the debtor’s property may still be issued (sections 13, 21(2), 28). The Act provides for appeals: from the Supreme Court to the Court of Appeal with leave (section 9); from the Magistrates’ Court to the County Court (section 28A). Ex parte orders may be made in special circumstances (sections 8, 19, 24). The examination is deemed a judicial proceeding, so false answers attract perjury penalties (sections 12, 21(1), 27(1)).

Current sections

Direct links to the current provisions in Imprisonment of Fraudulent Debtors Act 1958.

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Main concepts

Fraudulent debtor is not defined as a single term, but the Act describes the circumstances that justify commitment: the debtor obtained credit or contracted the liability under false pretences or by fraud or breach of trust, or made a gift, delivery, transfer, charge, removal or concealment of property with intent to defraud creditors (sections 5(3)(a),(b); 16(3)(a),(b); 22(2)(a),(b)). The concept also includes a debtor who is about to leave Victoria without paying the debt or about to depart elsewhere within Victoria with intent to evade payment (sections 5(2)(b),(c); 16(2)(b),(c); 22(1)(b),(c)). The Act does not allow imprisonment merely for being unable to pay; there must be evidence of fraudulent conduct or an intention to evade.

Capias ad satisfaciendum was a common‑law writ that commanded the sheriff to take the debtor and keep him until the debt was satisfied. Section 3 abolishes this writ for the Supreme Court, and sections 14 and 22 effectively abolish general imprisonment on execution for the County Court and Magistrates’ Court respectively.

Fraud summons is the summons issued under sections 4, 15 or 22 requiring the debtor to appear for examination. The summons is directed to the person liable to pay the judgment or order, must be served personally, and informs the debtor that disobedience may lead to committal. The prescribed forms appear in the Second, Third and Fourth Schedules.

Order for commitment is the court order that, unless the debtor pays the unsatisfied amount (plus interest and costs) within a specified time or by instalments, the debtor shall be committed to prison for a fixed term (sections 5(3), 16(3), 22). The order must set out the specific offence found (e.g. “that you contracted the liability by means of fraud”).

Warrant of commitment is the document issued by the prothonotary, registrar or magistrates’ court registrar after the debtor defaults on the order for commitment. It commands the sheriff, bailiff, police officer and gaol keeper to take the debtor and imprison him for the stated term or until the debt is paid or the debtor is otherwise discharged (sections 7, 18, 23; Schedules 2,3,4). All police officers must aid in execution.

Ex parte order may be made without notice to the debtor if special circumstances warrant it, on proof by affidavit only (sections 8, 19, 24). The warrant issued in such a case follows a specific form.

Judicial proceeding - the examination of the debtor under the Act is deemed a judicial proceeding for the purposes of the law of perjury. A person who wilfully, knowingly and corruptly gives a false answer, statement or declaration is liable to the penalties of perjury (sections 12, 21(1), 27(1)).

No satisfaction of debt - imprisonment under any Part does not operate as a satisfaction or discharge of the amount due (sections 13, 21(2), 28). The creditor may still issue a fresh writ or warrant against property or take other proceedings to recover the amount.

Who it affects

The Act primarily affects judgment creditors (persons entitled to recover money under a judgment or order of the Supreme Court, County Court or Magistrates’ Court) and judgment debtors (persons liable to pay). Creditors may initiate proceedings to have the debtor examined and, if grounds exist, committed. Debtors are required to attend court for examination and may be imprisoned if they do not comply or if fraudulent conduct is proved. The Act also directly involves several court officers and law enforcement agencies.

For the Supreme Court (Part I), the prothonotary issues summonses (section 4) and warrants of commitment (section 7). The sheriff and keeper of the gaol are directed to execute and obey the warrant (section 7). Police officers must aid and assist in execution (section 7). The Court of Appeal hears appeals from orders for commitment (section 9).

For the County Court (Part II), the registrar or deputy registrar issues summonses (section 15) and warrants (section 18). The bailiff of the court and the keeper of the gaol execute the warrant, with police officers assisting (section 18). Appeals from Magistrates’ Court orders lie to the County Court (section 28A).

For the Magistrates’ Court (Part III), the registrar issues the warrant (section 23). A police officer is directed to take the debtor and convey him to gaol (Fourth Schedule forms). The keeper of the gaol receives the prisoner (section 23 and forms). The Magistrates’ Court itself examines the debtor and may make the order for commitment or ex parte order (sections 22, 24).

Witnesses may be summoned and examined under the Act (sections 4, 15, 22). The Act defines police officer by reference to the Victoria Police Act 2013 (section 2A).

Bankrupts are protected: no order for commitment may be made against a person whose estate has been sequestrated (compulsorily or voluntarily) under Commonwealth bankruptcy law after the order under which the money was recoverable was made (section 22 proviso).

Legal practitioners representing either side must be aware of the strict procedural requirements - personal service, the need to prove specific grounds, the possibility of an adverse costs order against the creditor if no ground is proved (sections 5(4), 16(4), 22). Judges and magistrates exercise a discretion whether to commit.

Key duties and rights

Rights of the judgment creditor - The creditor may obtain a fraud summons under sections 4, 15 or 22 whether or not execution has been issued. The creditor may examine the debtor and other witnesses on oath or affirmation. If the court is satisfied that one of the statutory grounds exists, the court may make an order for commitment. The creditor may also apply ex parte in special circumstances (sections 8, 19, 24). The creditor is entitled to costs of fruitless writs or warrants and of the summons and examination (sections 5(3), 16(3), 22). If none of the grounds is proved, the court may order the creditor to pay the debtor’s costs (sections 5(4), 16(4), 22).

Duties of the judgment debtor - The debtor must personally attend court as required by the summons (sections 4, 15, 22). If attending, the debtor must be sworn or affirmed and answer truthfully questions touching estate, effects, property, means, disposal of property, intention to leave Victoria, and how the liability was incurred (sections 4, 5(1)(b), 15, 16(1)(b), 22). Refusal or failure to answer to the court’s satisfaction may itself lead to commitment (sections 5(1)(c), 16(1)(c)). The examination is a judicial proceeding; false answers attract perjury penalties (sections 12, 21(1), 27(1)). The debtor must pay the amount ordered or comply with an instalment order to avoid committal.

Rights of the judgment debtor - The debtor may allege a sufficient excuse for not attending (sections 5(1)(a), 16(1)(a)). If no ground is proved, the debtor may recover costs from the creditor (sections 5(4), 16(4), 22). The debtor may appeal an order for commitment: from the Supreme Court to the Court of Appeal with leave (section 9); from the Magistrates’ Court to the County Court (section 28A). The debtor must be discharged upon payment of the sum mentioned in the order for commitment, certified by the prothonotary, registrar or magistrates’ registrar (sections 10, 20, 25). The court may also order discharge in special circumstances at any time (sections 10, 20, 25).

Court’s powers - The court has discretion to make the order for commitment “if it thinks fit” (sections 5(3), 16(3), 22). The court may direct payment forthwith or within a time, in one sum or by instalments, with interest (maximum 8% Supreme Court, 5% County Court, not specified for Magistrates’ Court) and costs. The court may make ex parte orders in special circumstances on affidavit evidence (sections 8, 19, 24). The court may order the creditor to pay costs if no ground proved (sections 5(4), 16(4), 22). The Supreme Court may review an appeal and confirm, vary, annul or discharge the order (section 9).

Penalties and enforcement

The primary penalty under the Act is imprisonment for non‑compliance with an order for commitment. The term is not more than six months for the Supreme Court (section 5(3)), not more than four months for the County Court (section 16(3)), and not more than two months for the Magistrates’ Court (section 22). The order for commitment requires the debtor to pay the unsatisfied amount (with interest and costs) within a set time; if the debtor defaults, a warrant of commitment is issued without further notice (sections 7, 18, 23). The warrant directs the sheriff, bailiff or police officer to take the debtor and deliver him to the keeper of the gaol, who must keep him for the specified term or until he is discharged by payment or by court order (Schedule forms).

Perjury is a further penalty: any person who wilfully, knowingly and corruptly gives a false answer, statement or declaration during an examination under the Act is liable to the penalties of perjury (sections 12, 21(1), 27(1)). This applies to examinations in all three Parts. The Act does not specify the penalty for perjury; that is determined by the general law (the Crimes Act 1958).

Discharge on payment - A prisoner may be discharged at any time by paying or satisfying the sum mentioned in the order for commitment, upon certificate of the prothonotary, registrar or magistrates’ registrar (sections 10, 20, 25). The court may also order discharge in special circumstances (sections 10, 20, 25).

No satisfaction of debt - Imprisonment under the Act does not extinguish the debt. The creditor may still issue a fresh writ or warrant against the debtor’s property or take other proceedings to recover the amount (sections 13, 21(2), 28). Thus the debtor may be imprisoned and still owe the debt.

Enforcement machinery - The warrant of commitment is executed by the sheriff and gaol keeper (Supreme Court), the bailiff and gaol keeper (County Court), or a police officer and gaol keeper (Magistrates’ Court). All police officers must aid and assist in execution (sections 7, 18, 23). The warrant remains in force until the term expires or the debtor is discharged.

Costs - The court may order the judgment creditor to pay the debtor’s costs if none of the grounds for commitment is proved (sections 5(4), 16(4), 22). This is a deterrent against frivolous applications. Conversely, if an order is made, the debtor may be ordered to pay the costs of fruitless writs or warrants and of the summons and examination (sections 5(3), 16(3), 22).

Appeal - A debtor aggrieved by an order for commitment may appeal. For Supreme Court orders, appeal lies to the Court of Appeal with leave, on recognisance and terms (section 9). For Magistrates’ Court orders, appeal lies to the County Court under the Criminal Procedure Act 2009 as if it were an appeal under section 254 of that Act (section 28A). The County Court may confirm, vary, annul or discharge the order (section 28A by implication, consistent with section 9). There is no express appeal provision for County Court orders, but the Act does not preclude general appeal rights.

Ex parte orders - In special circumstances, the court may make an order for commitment ex parte without notice, on affidavit proof only (sections 8, 19, 24). This is a significant enforcement power but requires the court to be satisfied that special circumstances warrant it.

How it interacts with other laws

The Act does not operate in isolation. Several express and implied interactions with other Victorian and Commonwealth legislation are evident.

Bankruptcy Act (Commonwealth) - Section 22 (Part III, Magistrates’ Court) contains a proviso that no order for commitment may be made against a person whose estate has been sequestrated (compulsorily or voluntarily) under any law of the Commonwealth relating to bankruptcy, if the sequestration occurred after the order under which the money was recoverable was made. This prevents the Magistrates’ Court from imprisoning a bankrupt debtor for a debt that was already subject to the order. No similar proviso appears in Parts I and II, but general bankruptcy law would likely stay execution.

Magistrates’ Court Act 1989 - Section 26 of the Act provides that where proceedings are brought under Part III, sections 71 and 82E of the Magistrates’ Court Act 1989 shall not apply in respect of the issue of any warrant of commitment or in respect of any person imprisoned by virtue of any such warrant. This excludes standard Magistrates’ Court enforcement provisions (likely relating to warrants of execution and imprisonment for fines) to give primacy to the specific procedure under the Imprisonment of Fraudulent Debtors Act.

Criminal Procedure Act 2009 - Section 28A(2) provides that the Criminal Procedure Act 2009 applies to an appeal from a Magistrates’ Court order for commitment as if it were an appeal under section 254 of that Act. This aligns the appeal procedure with the general criminal appeals framework, even though the commitment is civil in nature.

Oaths and Affirmations Act 2018 - The 2018 amendments (No. 6/2018) to section 68 of that Act inserted references to “by affirmation” in sections 4, 5(1)(b), 15, 16(1)(b) and elsewhere, reflecting that a debtor may be affirmed instead of sworn.

Victoria Police Act 2013 - Section 2A defines “police officer” by reference to the Victoria Police Act 2013, clarifying which officers are obliged to assist in executing warrants.

Judgment Debt Recovery Act 1984 - Although not incorporated into the principal Act, the endnotes reveal that the Judgment Debt Recovery Act 1984 (No. 10063) repealed certain grounds for commitment: section 5(2)(a) (relating to inability to pay) was repealed, and transitional provisions (set out in explanatory details) dealt with existing orders and summonses. The amendments shifted the focus from inability to pay to fraudulent conduct or absconding. The transitional provisions allowed courts to make instalment orders under the Judgment Debt Recovery Act instead of commitment.

Supreme Court Act 1986 - Amendments to section 4 (summons form) and other provisions reflect the change in court names and procedures. Section 110/1986 replaced references to “judge” with “Supreme Court”.

County Court (Amendment) Act 1989 - Similar updates for the County Court.

General law - The Act preserves other remedies: imprisonment does not satisfy the debt, so a creditor may still issue execution against property (sections 13, 21(2), 28). The examination is a judicial proceeding, so perjury laws apply. The Act does not affect the law of contempt or other statutory powers to commit for non‑payment of fines.

Amendment history

The Imprisonment of Fraudulent Debtors Act 1958 (Act No. 6276) was originally assented to on 30 September 1958 and came into operation on 1 April 1959 (Government Gazette 18 March 1959). It consolidated and repealed earlier Acts: the Imprisonment of Fraudulent Debtors Act 1928, the Imprisonment of Fraudulent Debtors (Amendment) Act 1941, and section 6 of the Statutes Amendment Act 1953 (First Schedule).

The Act has been amended by numerous subsequent Acts. Key amendments include:

Imprisonment of Fraudulent Debtors (Depositions) Act 1959 (No. 6571) - repealed section 26 (originally about depositions) and inserted a new section.
Fraudulent Debtors Commitment Act 1963 (No. 7043) - further amended Part III.
Abolition of Bailiwicks Act 1968 (No. 7703) - updated references in the Fourth Schedule.
Justices (Amendment) Act 1969 (No. 7876) - amended references to “Justices” and updated Part III headings.
Statute Law Revision Act 1971 (No. 8181) - updated schedule references.
Magistrates' Courts Act 1973 (No. 8427) - amended section 22.
Magistrates (Summary Proceedings) Act 1975 (No. 8731) - amended section 22.
Statute Law Revision Act 1980 (No. 9427) - technical amendments.
Judgment Debt Recovery Act 1984 (No. 10063) - a major amendment: it repealed section 5(2)(a), 16(2)(a) and 22(1)(a) - the grounds relating to inability to pay - thereby removing imprisonment for mere inability. It also made consequential amendments to the schedule forms.
Courts Amendment Act 1986 (No. 16/1986) - amended section 27.
Supreme Court Act 1986 (No. 110/1986) - replaced references to “judge” with “Supreme Court” in sections 4, 5, 8, 9, 10, and updated schedules.
County Court (Amendment) Act 1989 (No. 19/1989) - updated Part II references; amended sections 14, 15, 16, 17, 19, 20, and schedules.
Magistrates' Court Act 1989 (No. 51/1989) - inserted section 28A (appeal to County Court).
Magistrates' Court (Consequential Amendments) Act 1989 (No. 57/1989) - extensive amendments to Part III and schedules.
Magistrates' Court (Amendment) Act 1994 (No. 33/1994) - amended section 26.
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 (No. 68/2009) - amended section 28A to refer to the Criminal Procedure Act 2009.
Victoria Police Amendment (Consequential and Other Matters) Act 2014 (No. 37/2014) - inserted section 2A (definition of “police officer”) and updated references in sections 7, 18, 23, and schedules.
Courts Legislation Miscellaneous Amendments Act 2014 (No. 62/2014) - amended section 9 (appeal to Court of Appeal).
Oaths and Affirmations Act 2018 (No. 6/2018) - amended sections 4, 5(1), 15, 16(1) and schedule forms to include “by affirmation” alongside “upon oath”.

The version as at 1 March 2019 incorporates all these amendments. No amendments not in operation are listed (Endnote 3).

Gotchas

Several traps and nuanced points arise for both creditors and debtors.

Service requirements - The summons must be served personally (sections 4, 15, 22). Service by post or substituted service is not authorised. Failure to prove personal service vitiates the proceeding. Section 29 provides that before issuing a fraud summons, it is not necessary to serve the judgment or a copy on the debtor, but if the judgment has not been previously served personally, it must be served together with the fraud summons. This is a permissive provision, not a mandatory precondition, but prudent creditors should ensure the judgment is served.

Grounds for commitment are limited - Mere inability to pay is no longer a ground. The repealed sections 5(2)(a), 16(2)(a) and 22(1)(a) previously allowed commitment where the debtor had the means but refused to pay; those grounds were removed by the Judgment Debt Recovery Act 1984. The creditor must now prove either that the debtor is about to leave Victoria (or depart elsewhere in Victoria with intent to evade payment), or that the debtor obtained credit or contracted the liability by fraud or breach of trust, or that the debtor has fraudulently disposed of or concealed property. This is a high bar.

Ex parte orders require special circumstances - Sections 8, 19 and 24 allow ex parte orders only if “the special circumstances of the case appear to the court to warrant it”. What constitutes special circumstances is not defined; it likely requires urgency or a risk that the debtor will abscond if given notice. Affidavit evidence must be sufficient to prove the grounds without oral examination.

Perjury risk for the debtor - The examination is a judicial proceeding (sections 12, 21(1), 27(1)). False answers expose the debtor to perjury charges, which carry serious penalties. A debtor cannot simply refuse to answer; refusal may itself lead to commitment (sections 5(1)(b), 16(1)(b), 22). The debtor must answer but should do so truthfully.

Imprisonment does not discharge the debt - A debtor who serves the full term still owes the money. The creditor may issue further execution or fresh proceedings (sections 13, 21(2), 28). This is a key point often misunderstood: prison time does not buy freedom from the debt.

Bankruptcy protection only for Magistrates’ Court - The proviso in section 22 applies only to Part III (Magistrates’ Court). For Supreme Court and County Court commitments, there is no express statutory bar based on bankruptcy, though bankruptcy would normally stay execution. Creditors should be cautious about proceeding if the debtor is bankrupt.

Costs risk for the creditor - If none of the grounds is proved, the court may order the creditor to pay the debtor’s costs (sections 5(4), 16(4), 22). This includes costs of attending court. A creditor should have solid evidence before applying.

Appeal deadlines and conditions - For Supreme Court orders, an appeal to the Court of Appeal requires leave and entry into a recognisance subject to terms (section 9). For Magistrates’ Court orders, the Criminal Procedure Act 2009 applies (section 28A). Practitioners must check the relevant appeal time limits.

No express limitation on multiple applications - The Act allows a summons to be obtained “from time to time” (sections 4, 15). This might permit fresh applications if the debtor’s circumstances change, but res judicata or abuse of process could be argued.

How to comply

For judgment creditors wishing to invoke the Act, compliance requires careful adherence to procedure. First, confirm that the judgment debt is unsatisfied in whole or in part. Obtain a summons from the appropriate court (prothonotary for Supreme Court, registrar for County Court, magistrates’ registrar for Magistrates’ Court) using the prescribed form (Second, Third or Fourth Schedule). The summons must be personally served on the debtor. Ensure that the judgment or a copy thereof is also served if it has not been previously served personally (section 29). At the hearing, the debtor and any witnesses may be examined on oath or affirmation. The creditor should prepare evidence (oral testimony or affidavit) proving one or more of the statutory grounds: that the debtor is about to leave Victoria without paying, or about to depart elsewhere in Victoria with intent to evade payment, or that the debtor incurred the liability by fraud, false pretences or breach of trust, or that the debtor fraudulently transferred or concealed property. Documentary evidence of flight plans, fraudulent conduct, or property dispositions strengthens the case. If the court is satisfied, it will make an order for commitment unless the debtor pays within a specified time. If the debtor defaults, a warrant of commitment issues without further notice. The creditor should then ensure the warrant is executed by the sheriff, bailiff or police.

For judgment debtors served with a fraud summons, the imperative is to attend personally at the specified time and place. Failure to attend without a sufficient excuse can itself lead to commitment. At the examination, the debtor must be sworn or affirmed and answer all questions truthfully. The debtor may bring evidence to rebut the allegations (e.g., proof of residence and no intention to leave Victoria, or evidence that the debt was not incurred fraudulently). The debtor may also argue that none of the statutory grounds is proved; if successful, the court may order the creditor to pay the debtor’s costs. If an order for commitment is made, the debtor may avoid imprisonment by paying the amount ordered (with interest and costs) within the time specified or by complying with an instalment plan. The debtor may appeal: for Supreme Court orders, to the Court of Appeal with leave; for Magistrates’ Court orders, to the County Court under the Criminal Procedure Act 2009. A debtor who is imprisoned may obtain discharge at any time by paying the sum mentioned in the order, or by application to the court which may order discharge in special circumstances (sections 10, 20, 25).

For legal practitioners advising either side, the key compliance steps are: check the exact grounds; ensure personal service of summons and, if necessary, judgment; prepare evidence carefully; consider whether ex parte application is justified; warn the debtor of perjury consequences; advise the creditor on costs risks; and note appeal timelines and conditions. Practitioners should also be aware that the Act does not apply if the debtor has been sequestrated under bankruptcy law (Magistrates’ Court only, but prudent practice to check for all courts). The interaction with the Judgment Debt Recovery Act 1984 may offer alternative enforcement mechanisms such as instalment orders, which may be preferable to imprisonment in many cases.