Enforcing Judgments

There are a variety of different ways you can ‘enforce’ a judgment and recover your money. We will advise you on the most appropriate action, depending on the amount of debt and the circumstances of the debtor. Once you have decided how to proceed, we will manage the process on your behalf, making sure you get your money back as quickly as possible.

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The enforcing of a CCJ (County Court Judgment) is a critical component of the civil justice system. Navigating through the choice of options as to which method of enforcement can be complex and daunting.

We have provided an overview of the various methods and procedures involved in enforcing judgments, focusing on the more common methods including Writs and Warrants of Control,  Charging Orders, Third-Party Debt Orders, Attachment of Earnings Orders, Orders to Attend Court for Questioning, and Insolvency proceedings.

Writs of Control with High Court Enforcement Officers (HCEOs)

High Court Enforcement Officers are more than just enforcers; they’re professionals who step in to enforce debts stemming from court judgments, striking a balance between legal obligations and practical resolution. They are able to collect on all judgment sums over £600, under this you will need to consider the warrant of control with the County Court Enforcement Officers. They are both legally able to seize goods and sell them (subject to a number of exemptions) to recover sums due to creditors.

Securing Your Claim – Charging Orders

It’s not just a legal term; it’s a tool that helps turn a court judgment into a secured claim against a debtor’s property or assets. It’s about protecting your interests.

Interim and Final Orders, A Two-Step Process
It begins with an interim order, a temporary hold, followed by a final order, firmly securing your claim without forcing a property sale.

For charging orders over £15,000 the court may allow you to then apply for an order for sale to realise the interest in the property and get you repaid your judgment debt.

Claiming What’s Yours from Others – Third-Party Debt Orders

Imagine if someone owed you money but had it stored elsewhere. This order allows you to claim it directly from that third party, like a bank before the account holder has the chance to move assets.

Attachment of Earnings Order – Direct from Wages

When a debtor’s salary becomes a source for settling debts, it ensures a consistent path to recovering what you’re owed. It is deducted at source by the employer meaning the payment is more likely to be honoured. It’s not just about taking; it’s about fairness. If this order causes hardship to the debtor, there are legal ways to address it.

An Order to Attend Court for Questioning

This order isn’t about intimidation; it’s about conversation. A debtor must openly discuss their financial situation, guiding you to understand their ability to pay. Not attending court can have serious consequences, reinforcing the seriousness of legal commitments.

The Last Resort – Insolvency

Understanding Insolvency
When other methods don’t fit the bill, insolvency steps in, it’s a significant move, often leading to bankruptcy or winding-up proceedings – a path taken when necessary.

 

We aim to inform, guide and support you through these legal avenues. Each step in enforcing a judgment is crucial, and we’re here to help you navigate these waters. For more personalised guidance or support, don’t hesitate to contact us.

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