Q. Is there a time limit for enforcing a County Court Judgment?
A. There is no strict limitation date for enforcing a Judgment. However, delay in enforcing can have consequences. Furthermore, permission may be required for some methods where a judgment is more than six years old.
Q. What methods of enforcement can you take to enforce a County Court Judgment?
A. There are several methods available; 1) warrant of execution 2) Attachment of Earnings Order 3) Charging Order 4) Order to Obtain Information 5) bankruptcy proceedings.
Q. What is a warrant of execution?
A. A bailiff would visit the debtor’s property in order to obtain payment or remove goods to the value of the debt.
Q. What is an Attachment of Earnings Order?
A. This is a court order which requires the debtor’s employer to make deductions direct from their salary and pay it to you. This is useful where you are happy to accept payment by instalments but do not trust the debtor to keep up with payments.
Q. What is a Charging Order?
A. If the debtor owns a property then a charge can be placed over the judgment debtor’s beneficial interest in land. Charging Orders are most effective if there is substantial equity and the judgment debtor is the sole owner. However, an order for sale should also be obtained to ensure the Charging Order is effective.
Q. What if I am uncertain of the debtor’s financial circumstances?
A. You can apply to court for an Order to Obtain Information. This means that the debtor will be ordered to court and questioned about his financial circumstances. He/she will be required to bring evidence of the same.
Q. Which method is most effective?
A. This depends on the individual circumstances. For further advice re enforcement you can contact Rebecca Rogers on rebecca.rogers@mfgsolicitors.com
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