|
|
 |
A
Judgment Explained |
|
When the Court awards a judgment it sends out a
notice to the Claimant detailing the terms of the judgment. The Defendant
receives a similar document ordering him to pay the awarded sum to the
Claimant. In many cases the Defendant fails to pay the awarded sum. The
Claimant must then decide how to enforce the judgment and collect the awarded
sum.
The enforcement methods are listed below. Please also see our
page on fees & costs. |
| |
|
|
A Warrant
of Execution |
|
A Warrant of Execution enables the court bailiffs
to seize goods from the Defendant. They will try to collect the cash award but
if this is not possible they can take goods to the value of the cash award.
Bailiffs can be refused entry to premises and cannot remove essential
items or tradesman's tools. |
| |
|
|
Attachment
of Earnings Order |
|
An Attachment of Earnings Order is sent to the
Defendant's employer. It instructs the employer to deduct an amount from the
Defendant's earnings each pay day and send it to the Central Attachment of
Earnings Payment System (CAPS) in Northampton who will be responsible for
collecting the payments. If there are other Attachment of Earnings Orders in
force your order may be joined to make a Consolidated Order.
If the
Defendant has very low earnings the court may not grant such an order. |
| |
|
|
Charging
Order |
|
A Charging Order prevents the Defendant from
selling his land or property without first paying you. As such orders are
registered with the land Registry they can be complicated and certainly require
the services of a solicitor.
It is worth remembering that you will not
get your money until the Defendant sells his/her property. |
| |
|
|
Third
Party Debt Order (Formerly Garnishee Order) |
|
A Third Party Debt Order is a very effective way
of enforcing a judgment if the Defendant has cash on deposit with the bank. The
order freezes the Defendant's bank account until such time as you are paid in
full and the judge can order the bank to pay you. The order is flexible as it
can also be sent to anyone who in turn owes the Defendant any money.
It is - of course - necessary to know the name and address of the Defendant's
bank or building society.
More importantly, you must be sure that the
Defendant has cash in the bank. |
| |
|
|
Bankruptcy or Company Winding Up Petition |
|
To issue a Bankruptcy Petition against the
Defendant can be a very effective way of forcing him to pay you. However, the
costs are high and there is always the risk that he will gladly allow the
petition to succeed and walk away leaving you with another bill.
A
Company Winding Up Petition carries the same advantages and risks as a
Bankruptcy Petition. However, a search at Companies House will provide
information as to the company assets, which if substantial makes a Winding Up
Petition viable. |
