Enforcement

How can I enforce a Judgment?

There are several methods of enforcing a Court Judgment, these include:

• Warrant of Execution
• Charging Order
• 3rd Party Debt Order
• Attachment of Earnings Order

Should I commence enforcement proceedings?
You should only commence proceedings if you know the debtor’s whereabouts and are satisfied that the debtor has sufficient assets to discharge the debt.

What if I am unsure of the debtor’s whereabouts?

There are various means of locating the debtor:

• Carry out a trace – this can often be done on a no find no fee basis
• Hire an enquiry agent
• Apply to Court for an Order to obtain information from the Judgment debtor

What is a Warrant of Execution?
It is a Court Order that authorises a bailiff or enforcement officer to visit the debtor’s premises and seize assets that will be sold to discharge the debt.

This will only be helpful if the debtor has enough money to pay the debt in order to stop the goods being sold at auction. 

You can apply for a Warrant of Execution if the debtor has failed to pay either the full judgment sum or any instalments due under the Court Order.

What is a Charging Order?
It is a Court Order that secures the debt against the debtor’s property or assets.  If the debt is not discharged you can apply to Court to sell the property or assets in order to recover the monies.

What is a 3rd Party Debt Order?
It is a Court Order that allows you to intercept money that third parties owe to the debtor in order to satisfy the debt.  For instance, the debtor’s bank or building society could be ordered to forward you money from the debtor’s account to discharge the debt.

What is an Attachment of Earnings Order?
The debtor’s employer is ordered to deduct instalments from the debtor’s salary to repay the debt. 

For further details and advice please contact:

Keith  Mills 
Tel: 0845 404 2426
keith.mills@cobbetts.com

Nicholas Carr
Tel: 0845 404 1520
nicholas.carr@cobbetts.com 


The content of this briefing note is merely informative and should not be relied upon as a substitute for legal advice.
Copyright 2007 - All Rights Reserved - March 2007