Enforcing a legal judgment in the UK means taking action to collect the money or assets that a court has ruled you are entitled to. If you've won a judgment but the other party isn't paying up, you'll need to explore enforcement options to get what you're owed.
Here are some common methods to enforce a judgment:
1. Writ of Control
You instruct High Court Enforcement Officers (HCEOs) to take control of the debtor's goods, sell them, and use the proceeds to pay your debt.
Available for debts over £600. If your judgment was in the County Court, you can transfer it to the High Court for enforcement.
HCEOs often have more authority and can act faster than County Court bailiffs.
2. Charging Order
You secure a charge against the debtor's property or assets, similar to a mortgage.
If the property is sold, you receive payment from the sale proceeds.
You can apply for an Order for Sale to force the sale if necessary.
3. Third Party Debt Order
You freeze money the debtor has in bank accounts or owed by someone else.
Once frozen, the court can order the funds be paid directly to you.
Timing is crucial, as funds can be moved quickly.
4. Attachment of Earnings Order
The debtor's employer deducts payments directly from their wages to pay you.
Only effective if the debtor is employed and earning above a certain amount.
The court ensures the debtor keeps enough for basic living expenses.
5. Order to Obtain Information
Formerly called an "Oral Examination," this orders the debtor to court to disclose their financial situation.
Helps identify assets or income you might not be aware of.
Ignoring the order can lead to contempt of court charges.
6. Bankruptcy or Winding-Up Petition
For individuals, you can petition for bankruptcy; for companies, you can file a winding-up petition.
Minimum debt of £5,000 for bankruptcy petitions and £750 for winding-up petitions.
Serious step that may not result in payment if the debtor has no assets.
7. High Court Writ of Possession
Used to recover property or land when a judgment includes possession orders.
Typically used in eviction cases or property disputes.
Important Things to Keep in Mind
Each enforcement method has pros and cons. The best option depends on the debtor's circumstances-like whether they own property, have a steady job, or hold funds in a bank account.
Enforcement actions have strict rules. Mistakes can delay the process or invalidate your efforts.
Enforcement can incur fees, but some costs might be added to the debt the debtor owes you.
A solicitor experienced in debt recovery can help you navigate the complexities and choose the most effective strategy.
Conclusion
Winning a court judgment is a significant achievement, but it doesn't always mean immediate payment. If the debtor is not co-operating, you have several enforcement options to consider. Whether it's seizing assets, placing a charge on property, or garnishing wages, there's likely a method that suits your situation.
Enforcing a judgment can be complicated and sometimes frustrating. Seeking advice will help guide you through the process, help you avoid pitfalls, and increase your chances of successfully recovering the debt.
Acting promptly and following the correct procedures are key to achieving the best possible outcome.
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