DR: Enforcement Flashcards
(21 cards)
What is the primary purpose of enforcement proceedings?
To compel compliance with a judgment or order, ensuring the successful party recovers money or enforcement of non-monetary orders
What must a judgment creditor do before enforcing a County Court judgment?
Obtain a certified copy of the judgment, wait until the 14‐day period for appeal expires, and then issue a warrant of control (formerly warrant of execution)
What is a warrant of control and who uses it?
A court order authorizing County Court Bailiffs (Enforcement Agents) to seize and sell the debtor’s goods to satisfy the judgment debt
What is a writ of control and who enforces it?
A High Court enforcement order used when judgment is in the High Court, enforced by High Court Enforcement Officers to seize and sell assets
How long is a County Court judgment enforceable?
Six years from the date of judgment, after which it becomes statute-barred unless renewed
What is the 14‐day voluntary payment period?
A period after judgment during which the debtor can pay without enforcement steps; after 14 days, the creditor may apply for enforcement
What information must a debtor supply when served with a statutory demand or request for a Means Form?
Details of all assets, liabilities, income, outgoings, bank accounts, and property, under penalty of contempt if they fail to comply
What is an Order to Obtain Information and when is it used?
An interim order (e.g., Order to Attend Court, Order to Provide Information, Order for Debtor Questioning) compelling the judgment debtor to disclose means prior to enforcement
What is an Attachment of Earnings Order?
A court order requiring the debtor’s employer to deduct specified sums from wages or salary and pay them directly to the judgment creditor
When can a Charging Order be sought, and what does it do?
After obtaining a judgment, a creditor can apply for a Charging Order over the debtor’s land, creating a legal charge that must be satisfied on sale or refinancing
What is a Third‐Party Debt Order (Garnishee Order)?
An order freezing and then transferring money owed by a third party (e.g., bank) to the debtor directly to the judgment creditor
What criteria must be met before applying for a Third‐Party Debt Order?
The creditor must show the judgment is unsatisfied, that there are funds in the third party’s possession, and obtain a freezing certificate from the court
What is a Bankruptcy Petition in the context of enforcement?
A method for debt recovery where a creditor petitions to make an individual debtor bankrupt if they owe at least £5,000 and meet statutory grounds for insolvency
What is a Winding‐Up Petition for company debts?
A proceeding to liquidate a company if it owes an unsecured debt of £750 or more and cannot pay, effectively an enforcement route for corporate debt
Describe the steps for enforcement by seizure and sale of goods.
(1) Issue warrant or writ; (2) Bailiff seizes goods; (3) Serve Notice of Enforcement and Notice of Seizure; (4) Wait minimum grace period; (5) Remove goods; (6) Sell at auction; (7) Pay judgment debt from sale proceeds
What are the restrictions on goods that cannot be seized?
Goods necessary for basic domestic needs (e.g., clothing, bedding), tools of the trade up to £1,350 in value, and heirlooms or items protected by specific exemptions
What is the enforcement fee structure for County Court Bailiffs?
Fixed fees: £75 compliance stage, £235 enforcement stage, and 7.5% plus VAT of the debt value if goods are removed, plus agent’s travel and incidental costs
When does a Charging Order become a final charge?
After a full hearing or if the debtor does not oppose the interim Charging Order, allowing the creditor to enforce sale of secured property
What is the effect of a Cap on Fees in High Court enforcement?
High Court Enforcement Officers’ fees are set at 7.5% of debt up to £5,000, 3.75% on the next £5,000, and 2.5% on sums above £10,000, capped to prevent excessive charges
What is a Controlled Goods Agreement?
An agreement between a bailiff and debtor listing seized goods that remain in the debtor’s possession under certain conditions to avoid immediate removal
What is the debtor’s duty when enforcement agents attend?
“To allow peaceful entry (in specified circumstances), to provide reasonable access to goods, and to comply with notices to avoid escalation”}
