How to enforce County Court Judgments including execution!
- Once you have your County Court Judgment registered and your debtor blacklisted, you have many Enforcement Order options if you still don’t receive payment.
- If they are in employment, you know where the debtor lives and you have details of where the debtor is working you can enforce an Attachment of Earnings Order. This Order works to deduct instalments of what you are owed from the debtor’s monthly wage. However if your debtor moves jobs this can make things difficult as you will have to start the enforcement process again.
- Third Party Orders allow you to collect money directly from the debtor’s bank account. A third party is an individual or company that holds money for the debtor, typically a bank or building society. However this Order is only effective on the day that it is served so you will only receive payment if the debtor has money in their account on that day.
- An Order for Financial Questioning is useful if little is known about the debtor and their assets. The debtor or a Director of the debtor’s company is served an order to attend court at a certain time on a certain date to give details under oath about their finances and assets. If the defendant fails to turn up they can be threatened with prison although this threat is rarely followed through.
“This is the stage that no-one forgets.
Well would you if someone had removed your assets!”
– Kerry Bland.
- To serve a Charging Order the debtor needs to have some equity in a property. This can be tricky as it is difficult to force a sale and you could be waiting a long time before you see any payment.
- County Court Bailiffs can be instructed to seize goods to the value of the debt plus costs. County Court Bailiffs are Civil Servants and get paid the same amount regardless of success so most creditors do not find them as effective as other types of Bailiff such as High Court Sheriffs. High Court Sheriffs will deal with debts of £600 or over. They will transfer the debt to the High Court for you and obtain then execute a Writ (a formal written Order) suited to your needs. The Sheriffs are allowed to add fees to the debt, which the debtor will have to pay in addition.
- As a last resort and only where it is known that the debtor or debtor company do have the means to pay, you can issue a Bankruptcy or Winding Up Petition. Bankruptcy is for individuals and Winding Up is for companies. This can be costly as it is essentially the first steps in liquidating a company or declaring an individual as Bankrupt. Both of these procedures are very serious.