Enforcement

Writ/Warrant of Execution

This is the most common first method of enforcement. It allows a Court appointed officre (Bailiff/Sheriff) to attend the debtor's premises and collect the money or take steps to enforce payment by seizing and selling goods.

Information Order

We can apply to the Court for an order that the debtor attends before a Court official to be examined about their assets and means.

These applications can be useful if little is known about the debtor's finances. The debtor will be instructed to bring along financial documents such as payslips etc. If you want additional questions asked or for the debtor to bring additional documents, we can ask for this in the application.

If the debtor does not attend, the Court will make a further order against them compelling attendance failing which they may be arrested.

Third Party Debt Order

Where your debtor is owed money by a third party, the Court has the power to make an order directing that the money be paid direct to you rather than to your debtor. The order only affects accounts in the sole name of the debtor and not accounts held jointly with someone else.

Charging Order

Where a debtor owns property it is possible to get your judgment secured by a charging order on the property. This gives you similar rights to those of a mortgage lender.

Once you have got the order you can then apply, by a separate action, for the sale of the property. An order for sale is rare.

Obtaining a charging order is a two stage procedure. We make an application on paper and without notice to the debtor. The Court grants an interim charging order and sets a date to consider the case again. A hearing is set by the Court to grant a final charging order.

It is also possible to get such an order where the debtor only has a share in the property.

Attachment of Earnings

If the debtor is in employment and is not self employed, an attachment of earnings order can be obtained. This provides that a debtor's employer has to pay a certain proportion of its employee's salary to the creditor until the judgment debt has been paid.

Bankruptcy

Bankruptcy can be a very effective threat where the judgment debtor is a small business man or company director. The debt needs to be more than £750 before bankruptcy proceedings can be started.

The first step, in the case of an individual, is to serve a statutory demand on the debtor personally. If he does not pay or dispute the debt within 21 days a bankruptcy petition can be presented.

Once a debtor has been made bankrupt no other Court proceedings can be started against them. The 'Trustee' will collect together their assets and debts and will share out any surplus between the creditors. If the debtor has other creditors they may take priority over your debt.

Bankruptcy is not necessarily the right choice of enforcement where the debtor has lots of other creditors since there may not be enough money to go round.

If the debtor is a limited company the equivalent proceedings are for a 'Winding Up Petition'.