Obtaining judgment is often the straight forward part of debt recovery. The key to a successful outcome is effective enforcement to make sure you actually get the money owed to you.
There are various ways of doing this. Our lawyers can carry out investigations to determine the assets and income of the debtor against which enforcement action can be taken. We can then advise on the most suitable method of enforcement including
High Court Enforcement Officers
High Court Enforcement Officers obtain, on your behalf a writ of control. Where necessary they will seize the debtor’s goods and recover their financial value at public auction, the costs of which are recovered from the debtor.
Third party debt orders
An application for a third party debt order is made without notice to the debtor. Once the court has issued this, the order is served on the bank and any funds held in the account up to the amount of the judgment debt are frozen. At the final hearing money is usually released to the claimant unless the debtor has a just reason as to why they can’t.
If a debtor owns property, land or shares, an application for a charging order can be made which creates an equitable charge over the land or shares. A charging order over land is registered at the Land Registry which alerts any potential purchasers to the existence of the charge.
Attachment of earnings
If a debtor is in employment we can make an application for payments to be deducted directly from the debtors pay by their employer. The debtor will receive notice of the application from the court.
Order to attend court for questioning
This is a valuable tool to assist with enforcement of any debt owed. This method is suitable for both companies and individuals. An application is submitted to the court and the debtor or a representative of the company must attend court to be questioned. Failure to attend the appointment the debtor may receive a custodial sentence.
If appropriate, a receiver can be appointed by the court to receive sums due to the judgment debtor. The court will take into account the amount of the judgment debt, the amount likely to be received by the receiver and the likely costs of the receiver’s appointment. Receivership is generally suitable for larger judgment debts.