I won at NCAT and they won't pay. Here's the enforcement playbook.
Winning at NCAT and getting paid are two different things. The Tribunal makes the order; it does not chase the money for you. If the other side simply ignores a money order, the law in NSW gives you a ladder of enforcement tools — but you have to climb it yourself, mostly through the Local Court, not NCAT.
This page is the playbook: how to turn an NCAT money order into a judgment you can enforce, how to find out what the debtor actually owns, the three main enforcement weapons, the special lever you have against builders, and a "stop throwing good money after bad" decision tree for when none of it is worth the postage.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
An NCAT money order is an order that one party pay the other a fixed sum. It is binding the moment it is made, but it is not self-executing. NCAT has no sheriff and does not garnishee wages. To make a money order bite, you convert it into a court judgment and then use the court's enforcement machinery.
The mechanism is registration. You obtain a certified copy of your NCAT money order (NCAT provides this free on request) and register it at the NSW Local Court — or the District Court if the amount is over $100,000. Once registered, the order is treated as a judgment of that court and you can use every enforcement remedy available to any judgment creditor: examination, garnishee, and a writ for the levy of property.
The enforcement rules themselves live in the Civil Procedure Act 2005 (NSW) and Part 39 of the Uniform Civil Procedure Rules 2005 (NSW) — not in the tenancy or building legislation that got you your order. That is why enforcement feels like a different world: it is. You are now a judgment creditor in the general civil system.
One critical distinction up front: non-money orders are enforced differently. A work order (rectify the defects), a reinstatement order, or an order to do or stop doing something can't be registered at the Local Court as a debt. Those are dealt with by going back to NCAT — renewal of proceedings, or in some cases contempt-style enforcement in the Supreme Court. There's a section on that below.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- 6 yearsTo register a certified NCAT money order at the Local CourtLocal Court / UCPR practice
- 12 yearsTo enforce the judgment debt, running from the date of registrationLimitation Act 1969 (NSW)
- 28 daysAfter the due date for a building money order, a builder's licence is automatically suspended for non-paymentHome Building Act / Fair Trading
- 21 daysA company has 21 days to comply with a statutory demand before it is presumed insolventCorporations Act 2001 s459C
- Generally 30 daysA judgment debtor served with a garnishee or examination often has a short window to respond — check the noticeUCPR Pts 38-39
The process, step by step
- 1
Get a certified copy of the order — then check the basics
Phone or email NCAT and ask for a certified copy of your money order. There is no fee for the certified copy itself. While you wait, confirm two things: the exact name and current address of the person or company that owes you (a wrong or trading name on the order can stall registration), and whether you're chasing an individual or a company — the heavy-end remedies (bankruptcy vs wind-up) differ.
If the debtor is a company, search the ABN/ACN register so you have the correct legal entity. If it's a person, note any address you have for service. You'll need this for every step that follows.
- 2
Register the order at the Local Court
Register the certified copy via the NSW Online Registry or in person at a Local Court registry (District Court if the order is over $100,000). The court charges a filing fee for registration — modest, and recoverable as part of the debt. From the moment it's registered, the NCAT order has the same effect as a judgment of that court.
You have 6 years to register, and once registered you have 12 years to enforce the judgment debt. Don't sleep on it: assets move, companies are deregistered, people leave the state.
- 3
Find the money — examination notice and order
You can't garnishee a bank account you can't name. If you don't know what the debtor earns or owns, serve an Examination Notice requiring them to fill out a financial statement and produce documents (payslips, bank statements, asset lists). If they ignore it or stonewall, you apply for an Examination Order — a summons compelling them to attend court and answer questions about their finances under oath. Failing to attend an examination order can itself have consequences.
Examination is the unglamorous step most self-reps skip — and it's the one that makes the rest work. It tells you which weapon to fire: garnishee (if they have a job or a bank balance) or a writ (if they have a car, plant, or saleable goods).
- 4
Garnishee order — wages or bank account
A garnishee order attaches money that a third party owes the debtor and redirects it to you. The two common targets are wages (the garnishee is the employer) and a bank account (the garnishee is the bank). You apply at the Local Court using the debtor's details; the order is served on the employer or bank, who must pay you instead of (or as well as) the debtor.
Wage garnishees are subject to a protected minimum the debtor must be left with each pay cycle, so recovery can be a trickle. Bank-account garnishees take whatever is in the account on the day of service — timing matters, and you usually get one bite, so an examination first improves your aim.
- 5
Writ for the levy of property — send in the Sheriff
A writ for the levy of property authorises the Sheriff to seize and sell the debtor's property — typically vehicles, equipment, tools of trade beyond a protected threshold, or saleable goods — and pay you from the proceeds. It's the right tool when the debtor has tangible assets but no garnishable income or accessible bank balance.
The Sheriff charges fees (added to the debt) and won't seize property that is exempt, subject to finance, or worth less than the cost of selling it. Writs against the same debtor are executed in the order the Sheriff receives them, so a debtor with multiple creditors may yield little for those further down the queue.
- 6
The builder lever — automatic licence suspension
If your money order is a building money order against a licensed contractor, you hold a uniquely powerful lever. Under the NSW licensing regime, a contractor's licence is automatically suspended if they fail to comply with an NCAT (or court) money order for a building claim by the due date — the suspension takes effect 28 days after the due date for payment, and the non-compliance is recorded on the public licence register.
For a working builder, a suspended licence means they must stop trading. That commercial pressure resolves a lot of "won't pay" cases without any further court step. Notify NSW Fair Trading / Building Commission NSW that the order hasn't been complied with. See /fair-trading-before-ncat-builder and /builder-disputes for the building-specific path, and /hbcf-claim-builder-insolvent if the builder has gone under.
- 7
The heavy end — bankruptcy and winding up
These are last resorts, expensive, and rarely the best way to actually get paid. Against an individual, if the debt is $10,000 or more you can serve a bankruptcy notice and, if unpaid, present a creditor's petition. Against a company, if the debt is $4,000 or more you can serve a statutory demand; if it's not paid or set aside within 21 days the company is presumed insolvent and you can apply to wind it up.
Be realistic. Bankruptcy and liquidation put the debtor's assets into a pool for all creditors, with a trustee or liquidator paid first. You may recover little or nothing. These tools are about leverage and consequence more than cash. Verify the current thresholds (they're indexed and change) on afsa.gov.au and the Federal Court before you spend money on them.
- 8
Non-money orders — when it's not about a dollar figure
A work order (the builder must rectify), an order to return goods, or an order to do or stop doing something can't be registered as a Local Court debt. If the order isn't obeyed, you generally go back to NCAT — often by applying to renew the proceedings, which lets the Tribunal make a fresh order (frequently converting the work order into a money order for the cost of getting someone else to do the work).
In limited situations, breach of certain NCAT orders can be enforced in the Supreme Court. This is technical territory — if your win was a non-money order and it's being ignored, get advice from LawAccess on the right pathway before you spend filing fees in the wrong forum.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
Certified copy of the NCAT money order
Free from NCAT on request. This is the document you register at the Local Court — a plain copy won't do.
The correct legal name and address of the debtor
For a company, the ACN and registered office from the ASIC register. For a person, a current residential or service address. Wrong names stall enforcement.
Proof the debt is still unpaid
Bank records showing no payment received, and any part-payments credited. You enforce only the outstanding balance.
Anything that reveals the debtor's assets or income
Employer name, bank, vehicle registrations, business activity — feeds the examination and tells you whether to garnishee or send the Sheriff.
The completed examination / financial statement
Once you've run an examination, the debtor's own disclosure is your roadmap to which enforcement step will actually recover money.
Records of your enforcement costs
Registration fees, garnishee/writ fees and Sheriff's fees are generally added to the judgment debt — keep receipts so you recover them.
For builders: the licence record and Fair Trading notice
A screenshot of the public licence register and your notification to Fair Trading about non-compliance support the automatic-suspension lever.
Common reasons people lose
Expecting NCAT to collect for you
NCAT makes the order; it does not enforce money orders. Nothing happens until you register the order at the Local Court and take an enforcement step yourself.
Firing blind without an examination
Garnisheeing an empty account or sending the Sheriff to a debtor with no seizable assets wastes fees. Examine first, then aim.
Getting the debtor's legal name wrong
Enforcing against 'Joe's Building' when the order should name the company or the individual sole trader can derail registration and every step after it.
Letting the clock run
You have 6 years to register and 12 to enforce, but assets disappear, companies are deregistered and people move interstate. Delay is the debtor's friend.
Reaching for bankruptcy or wind-up too early
These are blunt, costly and often recover little because other creditors and the trustee/liquidator share the pool. Use them for leverage, not as a default.
Trying to register a non-money order as a debt
Work orders and 'do/stop doing' orders aren't debts. Register the wrong thing and you lose the fee — go back to NCAT to renew instead.
Throwing good money after bad
If the debtor is genuinely judgment-proof — no job, no assets, no licence to lose — more enforcement fees just deepen your loss. Know when to stop.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Registration of the order as a Local Court judgment
Not an order you ask NCAT for — it's the step you take at the Local Court so the money order can be enforced like any judgment.
Examination order
A court order compelling the debtor to attend and answer questions about their finances under oath, after an examination notice is ignored.
Garnishee order (wages or bank account)
Redirects money a third party owes the debtor — their employer or bank — to you, up to the amount outstanding.
Writ for the levy of property
Authorises the Sheriff to seize and sell the debtor's property and pay you from the proceeds.
Renewal of NCAT proceedings (non-money orders)
Where a work order or similar isn't obeyed, you ask NCAT to renew the proceedings and make a fresh order — often a money order for the cost of the work.
Bankruptcy notice / statutory demand
The insolvency route: a bankruptcy notice against an individual (debt $10,000+) or a statutory demand against a company (debt $4,000+).
Free help
- NCAT — Enforce a money order
Official guide to certified copies and registering an NCAT money order at the Local Court.
- Legal Aid NSW — step-by-step: enforcing NCAT orders
Plain-English walkthrough of registration, examination, garnishee and writs.
- NSW Fair Trading — automatic licence suspension
How a builder's licence is suspended for failing to comply with a building money order.
- NSW Online Registry
Where you register the order and lodge enforcement applications online.
- AFSA — creditor's petition (bankruptcy)
Australian Financial Security Authority guidance on bankruptcy thresholds and process.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
Questions self-reps ask
NCAT made the order — why won't they make them pay?
Because NCAT decides the dispute — it doesn't collect the money. There is no NCAT sheriff, and NCAT will not garnishee wages or seize property for you.
Enforcement of a money order runs through the NSW Local Court: get a free certified copy of the order from NCAT, register it so it becomes a judgment, then use the court's remedies — examination, garnishee, or a writ for the Sheriff. You drive every step.
How do I register an NCAT money order at the Local Court?
Ask NCAT for a certified copy of the money order — there's no fee for the certified copy. Then register it via the NSW Online Registry or in person at a Local Court registry (District Court if the amount is over $100,000).
The court charges a filing fee for registration, which is added to the debt. Once registered, the order has the same effect as a judgment of that court and you can begin enforcement.
How long do I have to enforce an NCAT order?
You generally have 6 years to register the NCAT order at the Local Court, and 12 years from registration to enforce the judgment debt.
Don't wait. Assets move, companies are deregistered and debtors leave the state — the practical window to actually recover is usually far shorter than the legal one.
What's the difference between a garnishee and a writ?
A garnishee order redirects money a third party owes the debtor — usually their employer (wages) or bank (account balance) — to you. A writ for the levy of property sends the Sheriff to seize and sell tangible assets like a vehicle or equipment.
Garnishee suits income or a bank balance; a writ suits saleable assets. Run an examination first so you fire the right one.
The other side is a builder. Can I get their licence suspended?
Yes — it's the strongest lever in building cases. If a licensed contractor fails to comply with an NCAT or court money order for a building claim by the due date, the licence is automatically suspended, taking effect 28 days after the due date for payment, and the non-compliance is recorded on the public register.
For a working builder that's serious pressure and often resolves payment on its own. Notify NSW Fair Trading / Building Commission NSW. If the builder is insolvent, see /hbcf-claim-builder-insolvent.
Should I bankrupt them or wind up the company?
Usually only as a last resort, and for leverage rather than recovery. Against an individual the debt generally needs to be $10,000+ for a bankruptcy notice; against a company, $4,000+ for a statutory demand, with the company presumed insolvent if it doesn't comply within 21 days.
Both pool the debtor's assets for all creditors, with a trustee/liquidator paid first — you may recover little. These thresholds are indexed and change, so verify current figures on afsa.gov.au and the Federal Court first.
How do I enforce a work order or other non-money order?
Differently — a work order, reinstatement order or "do/stop doing" order isn't a debt and can't be registered at the Local Court. If it's ignored, you generally go back to NCAT and apply to renew the proceedings, which lets the Tribunal make a fresh order — often a money order for the cost of getting the work done elsewhere.
In limited situations, breach of certain orders can be enforced in the Supreme Court. Get advice on the right forum before paying filing fees in the wrong one.
What does enforcement cost, and can I recover it?
Each step has a fee — registration, the garnishee or writ application, and the Sheriff's fees on a writ. The certified copy from NCAT is free. Most enforcement costs are added to the judgment debt, so if you recover, you recover them too.
The real risk is spending fees on a debtor who has nothing to take. That's why an examination first — to confirm there's income or assets — is worth doing before the costly steps.
Related guides
- NCAT home building disputesWinning the underlying defect or incomplete-work claim against a licensed builder.
- HBCF claim when the builder is insolventLast-resort insurance when the builder has died, disappeared or gone under.
- How long does NCAT take?Realistic timelines from lodging to orders — before you even reach enforcement.
- Appealing an NCAT decisionIf the other side appeals, the original order can still be enforced unless they get a stay.
Work out your enforcement next step in 2 minutes
Five questions. Two minutes. You'll walk out knowing the list, the form, the fee, and your statutory deadlines.
One-off pricing, no subscription. Australian data, Sydney region.
NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.