Step by Step Guide - Enforcement of a Judgement | England & Wales
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Should the debt be greater than £600, enforcement can be either Bailiffs (County Court) or if raised or transferred to the High Court, Enforcement Officers
Oral Examination
An oral examination is a method of having the debtor divulge to the Court their assets and income which can assist in recovering the sums due. Failure to attend an examination may lead to the debtor being found in contempt of court
Third Party Debt Order
Following an application to the court, a creditor will seek an Order to obtain funds that are owed to the debtor by a third party.
Warrant of Execution
A Warrant of Execution may be an appropriate method of enforcement where the debt owed ranges from £50-£5,000. It allows a County Court Bailiff to seize a debtor’s belongings at their home or business premises. These belongings will then be sold and used to offset the sums due.
Writ of Control
The Writ of Control is the High Court equivalent to a Warrant of Execution and will grant enforcement powers to High Court Enforcement Officers.
Attachment of Earnings
This method of enforcement is applicable only where the debtor is employed by a third party, and the debt owed is not less than £50. Court officers can serve the attachment on the debtor’s employer, which allows for a deduction of their wages to pay off the debt by instalments.
Charging Order
This method of enforcement may be appropriate where the individual debtor owns heritable property in England or Wales. If successful, the charge will be registered in the Land Registry against the debtor’s property and the creditor can apply to the court to order the property to be sold.
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