Enforcement

If you have already obtained a judgment against your debtor but they still haven’t paid we can still help you to recover your debt. By combining our debt recovery expertise and the professional partnerships  we use we will look to get back your monies.

You have several options available to you but again it is all about choosing the right one for your circumstances. We can help you decide by drawing upon our previous debt recovery experience and knowing what works where.

The following types of enforcement may be available to you:

Writ of Control – Similar to the Warrant of Control but utilising High Court Enforcement Officers instead. High Court Enforcement Officers tend to have a higher success rate than County Court Bailiffs.

Attachment of Earnings – If your debtor is an individual and you know who their employer is, you can make an application to the court to order the employer to deduct monies from the debtor’s wages to pay you.

Statutory Demand – A legal document that once served effectively gives the debtor 21 days to pay the full amount owed or come to an arrangement to your satisfaction. Should the debtor fail to comply with the demand after 21 days have elapsed then you are at liberty to issue a winding up or bankruptcy petition.

Winding Up or Bankruptcy Petition – If the debtor is wound up or made bankrupt this effectively means that an Official Receiver or Trustee will be appointed to liquidate the debtor’s assets and pay creditors out of any funds raised.

Charging Order – If you know of any property the debtor may own then you can make an application to the court to allow you to place a charge on their property, similar to a mortgage. Once the charge is registered you are considered a secured creditor and you have priority over unsecured creditors in the event of the property being sold or the debtor being wound up or made bankrupt. Consideration should be given to prior charges and potential equity.

Order for Sale – Once a Charging Order is registered you can apply to the court for an Order for Sale which forces the sale of the property.

Order to Obtain Information – The debtor must attend court in order to be questioned about their means and any other relevant matter to enable you to enforce your judgment. If the debtor does not comply with the order given by the court then they may be imprisoned for contempt.

Third Party Debt Order – If you know the debtors bank details, (usually account number and sort code) an application can be made to the court to freeze the debtors bank account/s. Any money in the account can then be paid to you to clear the debt. A Third Party Debt Order can also be sent to anyone who owes the debtor money. Consideration should be given to the timing of the order to ensure sufficient funds are in the account.

The above information is not exhaustive and for guidance purposes only.

Please call us on 0333 121 0161