Legal Definitions - bill to enforce a decree

A bill to enforce a decree refers to a formal legal action taken by a party when a court has already issued a final judgment or order (known as a "decree"), but another party is failing to comply with that order. It is essentially a request to the court to take further steps to compel the non-compliant party to obey the original decree, ensuring that the court's judgment is fully carried out.

Here are some examples to illustrate this concept:

• Example 1: Child Support Order

  A divorce court issues a final decree that includes an order for one parent to pay a specific amount of child support to the other parent each month. After several months, the paying parent stops making these payments. The parent who is supposed to receive the support can then file a bill to enforce a decree (or its modern equivalent, a motion for enforcement or contempt) asking the court to intervene. This action seeks to compel the non-paying parent to fulfill their obligation as originally ordered by the court, potentially through wage garnishment or other penalties for non-compliance.

• Example 2: Specific Performance in a Real Estate Contract

  A court issues a decree ordering a seller to specifically perform a contract by transferring a unique piece of property to a buyer, as the seller had initially agreed. Despite the court's order, the seller refuses to sign the necessary deeds or vacate the property. The buyer can then file a bill to enforce a decree, requesting the court to take further action, such as appointing a court officer to sign the deed on the seller's behalf or issuing an order to remove the seller from the property, thereby ensuring the original decree for specific performance is executed.

• Example 3: Compliance with an Environmental Cleanup Order

  A court issues a decree requiring a manufacturing company to clean up hazardous waste it illegally dumped on its property within a specified timeframe. The company, however, fails to initiate the cleanup process by the deadline. A regulatory agency or an affected neighboring property owner, who was a party to the original lawsuit, could then file a bill to enforce a decree. This action would ask the court to impose fines, appoint a third party to conduct the cleanup at the company's expense, or take other measures to ensure the company complies with the court's original environmental remediation order.