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The
Judgment Explained |
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When
the Court awards a judgment, a notice to the Claimant
detailing the terms of the judgment is sent. The Defendant
receives a similar document ordering him to pay the
awarded sum to the Claimant. In many cases the Defendant
fails to pay. The Claimant then has the option to
enforce the judgment and collect the debt outstanding.
The enforcement methods are listed below. Please also
see our page on fees &
costs. |
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The
Warrant of Execution |
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A
Warrant of Execution enables the court bailiffs to
seize the defendants goods . They will prefer to collect
award in a cash sum but if this is not possible they
can take goods to the value of the debt outstanding.
Bailiffs can be refused entry to premises and may
not use force, there are also several items they cannot
remove such as essential items or any item involved
in the course of thier business. |
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Attachment
of Earnings Order |
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An
Attachment of Earnings Order can be sent to the Defendant's
employer. It instructs the employer to deduct an amount
from the Defendant's earnings each pay day and send
it to the Central Attachment of Earnings Payment System
(CAPS) in Northampton who are responsible for collecting
the payments. If there are other Attachment of Earnings
Orders in force your order may be joined to make a
Consolidated Order.
If the Defendant has very low earnings the court may
not grant such an order. |
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Charging
Order |
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A
Charging Order prevents the Defendant from selling
his land, business or property without paying you
first. These orders are registered with the land Registry
they may be complicated and in most cases require
the services of a solicitor.
You will then have to wait for your money until the
Defendant sells thier property. |
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Third
Party Debt Order (Formerly Garnishee Order) |
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A
Third Party Debt Order is a very effective way of
enforcing a judgment if the Defendant has cash on
deposit with the bank. The order freezes the Defendant's
bank account until such time as you are paid in full
and the judge can order the bank to pay you. The order
can also be sent to anyone who owes the Defendant
any money.
For this you will need to know the name and address
of the Defendant's bank or building society. Surprisingly
people often throw out clues in thier recycled bins.
More importantly, you must be sure that the Defendant
has cash in the bank. |
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Bankruptcy or company Winding Up Petition |
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To
issue a Bankruptcy Petition against the Defendant
can be a very effective way of forcing him to pay
you. However, the costs are high and there is always
the risk that he will gladly allow the petition to
succeed as it is expensive for him to do this himself,
leaving you with another bill.
A company Winding Up Petition carries the same advantages
and risks as a Bankruptcy Petition. You can do a search
at companies House which will provide information
as to the company assets, which if substantial makes
a Winding Up Petition an attractive proposition. |
