If you cannot pay the judgment debt or return the goods immediately, you can try to negotiate with the other party.
If a judgment is made against you, you should pay the judgment debt or return the goods immediately. If you don't pay the judgment debt or return goods on time, the other party can take steps to force you to pay the debt (plus post-judgment interest if the judgment debt is not paid within 28 days). This is called enforcement.
If you are unable to pay money or return the goods, it is a good idea to try to negotiate with the other party. It will cost them time and money to enforce a judgment. They may be willing to negotiate to save themselves this time and expense.
For more information on enforcement, see If you don't pay.
What can you negotiate about?
You could consider offering these options to the other party:
It is a good idea to make any offers in writing. In your letter you can explain why you cannot pay or return the goods immediately.
If you need help negotiating with the other party, you can contact a free financial counsellor or get legal advice. To find a free financial counsellor, go to the Financial Counsellors' Association of NSW (FCAN) website.
What happens if we reach an agreement?
If you come to an agreement with the other party you should file a consent judgment.
A consent judgment is a form that you and the other party complete which sets out the terms of your agreement. When you file this with the court, the court can make orders in the same terms you have agreed.
For more information, see Consent judgment or order.
If you are paying by instalments make sure you pay your instalments on time. If you don't, the other party may still take enforcement action against you.
If your negotiations are unsuccessful, you can apply to the local court to pay a judgment debt by instalments. For more information, see Paying by instalments after judgment.