Have you successfully obtained a judgment against a debtor but have still not received payment?
Enforcement of payment is quite a convoluted process and there are several paths that can be taken. AWB Charlesworth and our Litigation team can advise on the most effective methods of enforcement and provide you with all the resources you require to make informed decisions. Our Litigation team shall explore your options in detail over a series of 2 articles, however if in the meantime you wish to seek more information do not hesitate to contact us.
Order for debtor to attend Court for questioning
An Order requiring the debtor to attend Court for questioning is a useful tool if there is specific information you wish to establish from the debtor. Your Solicitor can help you to tailor your lines of questioning, which might include information sought with regards to other outstanding debts, assets and investments etc.
If however, you are unsure of what to ask the debtor, the Court has a standard form for the debtor to fill in when they attend the hearing. This will include the declaration of their current income and expenditure. The form also asks the debtor to put forward proposals to pay the outstanding debt. If the debtor does make you an offer, there is no obligation for you to accept this and you can seek to enforce the Judgment by other means.
Attachment of Earnings Order
If you know the debtor is employed and are aware of the details of their employer, a method of enforcement you may wish to take is obtaining an Attachment of Earnings Order. An Attachment of Earnings Order is where the Court will deduct a set amount from the debtor’s wage and pay it to the person whom the Attachment of Earnings Order is in favour of. Your Solicitor will request this from the court under your instruction.
Charging Order and Order for Sale
If you are aware that the debtor owns property, a Charging Order can be obtained which will secure the debt against the property. Whilst a Charging Order does not immediately recover the debt you are owed by a debtor, if a Charging Order is successfully obtained, and the debt is more than the current limit for applying for an Order for Sale, you can apply for an Order for Sale of the debtor’s property.
Part 2 of our article will cover ‘Third Party Debt Orders’, ‘Warrant of control’ and ‘Bankruptcy’.
If you have a Judgment but are unsure of which method of enforcement to take and prefer not to wait for our next article to be published later this month, please 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