We are contacted by many people who have successfully obtained a county court judgment but the debtor simply will not pay. The most common question we are asked is ‘how can I get the money?’
The good news is that there are many options available. This is known as ‘enforcement’ of the judgment. It is important to note some preliminary points before a judgment can be enforced, the main points being:
1. The debtor must have been given the opportunity to pay the county court judgment. This is usually a period of 14 days but can vary from case to case.
2. It is not possible to enforce a judgment if the court has ordered a stay or suspension of the judgment on the application of the debtor.
It is also just as important to consider what assets the debtor has – does he have the ability to pay? If you simply do not know, you can make an application to the court for the debtor to attend for questioning (under oath).
Once you know what the debtor has, you can consider one of the following enforcement options:
Execution against goods – this method of enforcement allows an enforcement officer to seize and sell a debtor’s possessions in an attempt to raise funds to satisfy the judgment.
Third party debt order – these orders are used to recover money by compelling a third party (such as a debtor of the debtor) to pay you direct.
Charging order – this is an effective way of securing a judgment by imposing a charge over a debtor’s beneficial interest in land or other securities.
Attachment of earnings – this order sees a proportion of a debtor’s earnings being deducted by his employer and paid to you direct in instalments until the judgment debt is satisfied.
Insolvency proceedings – if the judgment is over the sum of £750.00 and the debtor is an individual, you can apply to make him bankrupt. If the debtor is a company, you can make an application for the company to be wound up.
We represent claimants in the enforcement of judgment debts and would be happy to discuss the above options with you. If you are in a position where you are unsure whether you are able to enforce a judgment, contact us for a no obligation discussion on 0800 999 8880.
Frances Jacobs is one of our Solicitors in Leicester, who are all experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.
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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.