Enforcement

Question 1

What is an order to obtain information from a judgment debtor?

Answer 1

• A court order requiring a debtor to attend court and provide information about their assets
• Can apply to individuals or company officers
• Application can be made without notice
• Must include a penal notice and be personally served at least 14 days before hearing

Question 2

What enforcement methods are available?

Answer 2

• Writ/warrant of control
• Third party debt order
• Charging order
• Attachment of earnings order
• Insolvency proceedings
• Multiple methods can be used concurrently or successively

Question 3

When can enforcement proceedings begin?

Answer 3

After payment is due under the judgment and remains unpaid

Question 4

What is the difference between a judgment creditor and a judgment debtor?

Answer 4

• Judgment creditor: party owed money
• Judgment debtor: party ordered to pay money

Question 5

What are potential debtor characteristics to consider before enforcement?

Answer 5

• Legally aided status (may affect costs recovery)
• Dissipation of assets risk (consider freezing injunctions)
• Insurance (may ensure easier recovery)

Question 6

How are foreign assets or judgments handled?

Answer 6

• Check for reciprocal enforcement regimes
• If none: use common law route
• Must obtain certified copy of judgment
• Procedure under CPR 74 and relevant treaties or local law

Question 7

What is taking control of goods and when is it used?

Answer 7

• Enforcement officer seizes and sells debtor’s goods to satisfy judgment

Question 8

What goods are exempt from TCG?

Answer 8

• Basic household items
• Tools of trade up to £1,350

Question 9

How is TCG initiated?

Answer 9

• Apply for a writ of control (High Court) or warrant of control (County Court)
• Must give 7 days’ notice before seizing goods
• Enforcement Officer has 12 months to act

Question 10

What happens after entry by the EO?

Answer 10

• Goods can be seized or secured
• EO provides inventory and notice
• Controlled goods agreement may be made for deferred removal

Question 11

When is a third party debt order appropriate?

Answer 11

When a third party owes money to the debtor (e.g. bank account)

Question 12

What is the procedure for a third party debt order?

Answer 12

• Interim order (without notice) freezes payment
• Served on third party first, then debtor
• Final order hearing decides if funds are redirected

Question 13

What is a charging order?

Answer 13

• A charge over land or securities securing a debt
• Does not automatically lead to payment

Question 14

How is a charging order obtained?

Answer 14

• Interim order followed by final order
• Enforcement via order for sale if needed

Question 15

What is an attachment of earnings order and when can it be used?

Answer 15

• Deducts debtor’s wages via employer to pay judgment creditor
• Only available in County Court
• Judgment must be ≥ £50

Question 16

When can insolvency be used for enforcement?

Answer 16

• Bankruptcy: judgment ≥ £5,000
• Winding up (company): judgment ≥ £750

Question 17

What is a statutory demand?

Answer 17

• Precursor to insolvency
• If debt unpaid for 21 days, presumption of insolvency applies