In our previous Litigation blog, we began to look at the best methods of enforcement if payment hasn’t been received from a debtor after a judgement has already been obtained. (If you missed this take a look at http://www.awbclaw.co.uk/2016_02_01_archive.html) where we took a brief look at the following orders:
•Order for debtor to attend Court for questioning
•Attachment of Earnings Order
•Charging Order and Order of Sale
Furthermore to these orders, it might be worth considering and consulting with your Solicitor the following alternative methods:
Warrant of control and Third Party Debt Orders
If the debtor has valuable goods, it may be worth instructing a High Court Enforcement Officer to attend the property and seize the goods. The debtor will then have opportunity to pay the outstanding debt in order to regain possession of the seized goods. Alternatively, if you are aware that the debtor has money due to him/her, a Third Party Debt Order can be obtained to effectively freeze the bank account of the person transferring money to the debtor for the benefit of the Judgment creditor.
Bankruptcy/Winding up petition
Insolvency should not be used as a method of enforcing a Judgment, however if you know that the debtor is unable to pay the Judgment, dependent upon whether the debtor is an individual or a company, a Statutory Demand can be served requiring payment of the debt. If the time specified in the Statutory Demand has expired, either a bankruptcy petition or a winding up petition can be issued which will effectively make an individual debtor bankrupt or wind a company up.
How can AWB Charlesworth help?
AWB Charlesworth will first consider the amount of the Judgment and inform you of the estimated cost in enforcing the Judgment debt. The purpose of this would be to weigh up whether the cost in enforcing the debt would outweigh the Judgment debt itself. Once considered, AWB Charlesworth will assess the likelihood of recovering the Judgment by the different methods of enforcement and advise on the most appropriate one to take.
If you have a Judgment but are unsure of which method of enforcement to take, wish to make a debtor bankrupt of wind their company up, contact David Tear, Partner and Head of Litigation at AWB Charlesworth on 01535 613678 or by email: firstname.lastname@example.org
Partner and Head of Litigation