Enforcement of Money Judgments

Question 1

If the losing party does not pay the judgment in the ____ Court, interest accrues at the rate of __ per annum from the date of the judgment until the award is paid

Answer 1

High, 8%

Question 2

When is interest payable on a County Court judgment?

Answer 2

If the judgment is over £5,000

Question 3

Can a County Court judgment be transferred to the High Court for enforcement so that interest can be collected? If so, what is the required judgment amount?

Answer 3

Yes, if the judgment is over £600

Question 4

What party is the judgment creditor?

Answer 4

The successful party

Question 5

Which party is the judgment debtor?

Answer 5

The losing party

Question 6

A judgment creditor may apply for what type of order, which requires a judgment debtor to attend court to provide information about their means and assets?

Answer 6

Oral examination

Question 7

What are the minimum number of days before the oral examination hearing that a judgment creditor must serve the court order on the judgment debtor?

Answer 7

14 days

Question 8

What must the judgment creditor file which has details of service and how much remans unpaid, and how many days before the oral examination hearing must this be filed?

Answer 8

Affidavit - must be filed 2 days before hearing

Question 9

What is a writ of control or warrant of control?

Answer 9

An order issued by the court to an enforcement agent, allowing them to take control of the judgment debtor’s property in order to sell it to satisfy judgment

Question 10

Which courts are a writ and warrant of control issued out of?

Answer 10

Writ = High Court
Warrant = County Court

Question 11

For writ/warrant of control, how many days notice must a creditor give a debtor of the intention to take control of goods?

Answer 11

7 days

Question 12

Writ/warrant of control: How many days within seizure does an enforcement agent have to sell the goods?

Answer 12

7 days

Question 13

Writ/warrant of control: What three types of items can an enforcement agent not seize from the debtor?

Answer 13

1. Equipment used for debtor’s trade
2. Household items necessary for basic domestic needs
3. Items bought on hire purchase

Question 14

What can the creditor obtain if the judgment debtor has money in a bank, ordering the bank or a third party in a commercial case to pay the money instead?

Answer 14

Third-party debt order

Question 15

What is a charging order?

Answer 15

An order which gives the creditor the right to apply for an order of sale when the debtor has an interest in land (similar to an equitable mortgage)

Question 16

What’s an attachment of earnings order?

Answer 16

An order where the creditor compels the debtor’s employer to make regular deductions from the debtor’s earnings and pay them into court

Question 17

Which court should an application for an attachment of earnings order be made to?

Answer 17

County Court