Enforcement options
Once you have judgment you have these
options:
- Seize and sell the debtor's
moveable property -
Writ/Warrant of Execution
- Get the debtor to tell you more
about his financial position -
Information Order
- Get a debt due to the debtor
paid to you instead - Third
Party Debt Order
- Take a charge over the debtor's
home, office etc - Charging
Order
- Have the debt paid out of the
debtor's earnings -
Attachment of Earnings Order
- Start Insolvency proceedings -
Bankruptcy
Quite often it is not
sufficient to simply obtain a court order, even though your debtors
should by then have been 'credit black-listed'.
Our range of options to enforce
are:
Seizing/Selling Debtors
Goods
County Court Bailiffs
can be used for this service but in our experience they are extremely
ineffective and our recommendation is to plump for the better
alternative namely instructing a sheriffs officer. Their fees are
slightly more and for current costs please telephone us. Clients will
always receive a written report, and often a cheque following the
sheriffs' action. For more info contact info@drdirect.co.uk
Summon your debtor to court
This is another
popular service and often forces the debtor to pay. The debtor or
company director receives a personal summons to attend the court at a
specific date and time to give full details in relation to their
finances such as Bank account and mortgage account information which
can be useful at a later stage.
They are also questioned on oath as to their ability/offer to pay and
we get many successful
instalment payers this way.
Attachment of earnings
Any debtor currently
in P.A.Y.E employment (an employee rather than self-employed) can be
subjected to this procedure. An order is made to their employer to deduct the
judgment debt from their wages/salary every week/ month until the
amount is paid.
3rd Party Debt Orders
These used to be known as
garnishee orders and basically are aimed at obtaining settlement from
the debtors Bank or Building society account. It is prudent however to
obtain the name, number and sort code of the account in advance and
this can be done either via summoning the debtor to court for
questioning or from a previously photocopied cheque from any payments
that the debtor may have paid in the past.
Charging Orders
A very useful tool to
apply especially in the case of debtors who have their property on the
market or for sale. The objective being to register a caution against
that property so that the solicitors dealing with the sale have to
settle your judgment debt from the net sale proceeds. It can also be
used as a "safetynet" if the property is not on the market but do
ensure that you check ownership with Land Registry first.

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