Small Claims Court ordered my employer to pay me. How do I get the money?
5. Consider taking steps to have the employer’s land sold
If the employer owns land, you may be able to use this process. It can be used to stop the employer from mortgaging or selling land without paying you first.
You can also use this process even if your employer does not own land now but buys land in the future.
The law calls this “filing a writ of seizure“. You do this using the Writ of Seizure and Sale of Land [Form 20D]. This stops the employer from selling land or getting a mortgage on it unless they pay what they owe you first. This applies even if they buy land after you file the Writ. But it only applies to land in the county or district where you file the Writ.
When you give forms and documents to the court, this is called “filing”.
Land that the employer owns can sometimes be sold. The money from the sale of the land goes to the court. Then the court pays you what your employer owed you.
Having someone’s land sold is complicated and expensive. But it’s more likely that if you file a Writ of Seizure and Sale of Land, the employer will pay you when they want to sell or mortgage land in the county or district where you filed.
Starting the process
Next, you file these forms at the office of the Small Claims Court that ordered your employer to pay you. When you give forms and documents to the court, this is called “filing”.
You also have to pay a fee to the court.
Then you have to file the Writ of Seizure and Sale of Land with the court and pay another fee.
If you want the court enforcement office to sell the land, you have to wait at least 6 months. You also have to give them a deposit to cover their costs when they sell the land. This can be a lot of money.