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Enforcement of a County Court Judgment

So you have obtained a Judgment but still not received payment.  Let us guide you through the various enforcement options available.

Bailiff

We can instruct County Court bailiffs to recover monies or goods that can be sold to pay the debt. 

Third Party Debt Order

This is an Order obtained against a third party holding money on behalf of the debtor (normally a bank or building society) or someone who is known to owe   the debtor money.   A Third Party Debt Order essentially “freezes” any funds with the proviso they are released to you.

It is extremely helpful if your debtor has previously contracted with you to retain a copy of any cheque they have sent previously to make payment or details of the bank account from which payments may have been made (your bank can assist you to obtain this information). 

Attachment of Earnings Order

This type of order can be obtained if you are owed monies by an individual.  We can ask the Court to order their employer to deduct money direct from their salary.  This is paid to the Court who in turn pays you.  If the employer refuses, they can be fined. 

The Court reviews the debtor’s income and expenditure and will decide the level of repayment. 

Charging Order

This type of order can be obtained and secured against an individual debtor’s property or property owned by a debtor company. 

The debtor must fully or partly own the property.  We can check this for you at H M Land Registry and ascertain whether other Charging Orders are secured against the property.

Should the debtor’s property be sold in the future, you may be paid the debt owed to you together with interest and costs if and when the property is sold. 

In some cases, where the debt is substantial an Order for Sale can be obtained to force a sale of the debtor’s property.

High Court Enforcement Officers (HCEO’s)

County Court Judgments with a value of £600 or more can be enforced by HCEO’s anywhere in England and Wales.  If successful the HCEO will collect your Judgment debt, your court costs and fees, interest and their own fees, costs and charges from the debtor.

The HCEO can seize goods owned by the debtor and remove these to sale at auction to obtain funds to clear the debt.

Bankruptcy

This enforcement can be used against an individual debtor for undisputed debts over £750.  A Judgment does not need to be obtained first.  We can issue a Statutory Demand on your behalf giving them 21 days to pay in full.  If no payment is received, a Bankruptcy Petition can be issued.  Often the threat of bankruptcy can be enough to force payment.  The cost of making a debtor bankrupt is significant so you need to be sure there are sufficient assets for an appointed receiver to pay any other creditors (secured creditors will be paid first).

Winding Up Order

This enforcement is used against companies for debts in excess of £750.  A Judgment is not required to be obtained first.  A Statutory Demand can be served on the company and if payment is not received and Winding UP Petition can be issued.   The hearing of the Petition is advertised in the London Gazette.  Often the threat of a Winding Up Order can produce payment.  If you proceed and a Winding Up Petition is granted, a liquidator is appointed to realise and then distribute assets to all creditors.  The cost of this enforcement is significant and a thorough review with you of the matter would be carried out prior to proceeding.

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Kingsway House
13 Christchurch Road
Bournemouth
BH1 3JY
DX 7641 Bournemouth
Phone:01202 294411
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bournemouth@absolicitors.com

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