Enforcing Judgement

There are several methods of enforcing Judgments and in the main these are:-

▪ Execution by High Court Enforcement Officer or County Court Bailiff. They would initially attend the Debtor’s premises and attempt to secure payment of the debt. Should payment not be forthcoming they would seize and sell the Debtor’s goods to satisfy the Judgment Debt and the cost of enforcement.

▪ Charging Order against the Debtor’s land or property. This would be obtained. Thereafter an application for an Order for Sale can be made and the property liquidated to satisfy the debt.

▪ Charging Order against securities.

▪ Third Party Debt Order. This is a process where a third party who owes money to the Judgment Debtor is forced by Court Order to pay the Judgment Creditor instead of the Debtor directly. The usual target of these proceedings are bank accounts or building society accounts or the trade debts of the self-employed.

▪ Attachments of Earnings. An Attachment of Earnings Order is an Order which forces the Debtor’s employer to take deductions from the employee’s wages and pay them direct to the Court.

▪ Insolvency. This action can be taken in respect of any undisputed debt with a value over £5,000. It is commenced by the service of a Statutory Demand upon the debtor, after service the debtor has twenty one days to make payment of the outstanding debt. After the twenty one days have expired we are then able to issue a Petition for either Bankruptcy, if the debtor is an individual or Winding Up if the debtor is a company. The Petition is then served upon the debtor detailing the date and time when our Petition will be heard by the court. At the hearing if the Judge is satisfied that the debtor does not have the funds to pay the debt, and is therefore insolvent, a Bankruptcy or Winding Up Order will be made against the debtor.