Enforcement of Court Orders 

There is no point in starting a court case and wasting time, effort and money, unless you are likely to get money our of the defendant

Before embarking on any court proceedings, you should therefore consider his financial position. You might decide that he is not going to be able to pay you anyway

You should also consider which of the following methods of enforcement is most likely to achieve settlement of the judgment debt, or at least protect your interests until payment is made

 

Attachment of earnings

An Order requiring the judgment debtor’s employer to deduct an amount, determined by the Court, from each pay packet and pay it to you

 

Levying execution

Sending in the bailiffs to remove goods to the value of the judgment debt and sell them

 

Third Party Debt Order

An Order requiring the payment by a third party of money owed by him to the judgment debtor.  This can include money held by banks and building societies

 

Charging Order

An order against the judgment debtor’s interest in an asset.  This can include either property or securities.  This is effectively a mortgage against the judgment debtor’s property and can, in some circumstances, lead to an order for sale

 

Stop Order

This is an Order that can only be made in the High Court, either if the proceedings have taken place in the High Court or upon an application to the High Court at the conclusion of proceedings taken in the County Court. 

The Order prevents the sale, delivery out, payment or other dealing in relation to funds held in Court or, the registration of any transfer or, the making of any payment by way of dividends, interest or otherwise in relation to the judgment debtor’s securities

Stop Notice

Upon application, the High Court may issue a Stop Notice to prevent the registration of a transfer of securities, or other action prescribed by the notice in respect of the securities, without 14 days notice being given to you.

 

Conclusion

Consider the position before commencing proceedings and then again after you have got judgment

After getting judgment, you can request that the Court conduct an oral examination of the judgment debtor to establish his income and assets.  This may help you to decide which of the enforcement regimes to use

 

 

Call, to set up a fixed fee meeting

• one of our Litigation Law Team

click Our Team in left hand side bar

• 0845 270 2511

.................or Request a Call Back