Enforcement of money judgments-FS Flashcards
(8 cards)
What are the new terms for the claimant and defendant after a money judgment is made?
The claimant becomes the judgment creditor and the defendant becomes the judgment debtor.
What is a Warrant of Control?
A court order authorising enforcement agents to seize and sell a judgment debtor’s goods to satisfy a judgment debt.
Where must you apply for a Warrant of Control depending on the value?
- If the amount is under £5,000: apply to the County Court.
- If the amount is over £5,000: apply to the High Court.
What is an Attachment of Earnings Order?
A court order directing the debtor’s employer to deduct payments from wages and send them to a collection office to satisfy the judgment.
What is a Third-Party Debt Order?
An order that allows the judgment creditor to recover funds directly from the debtor’s bank account and prevents withdrawals until the debt is paid.
What is a Charging Order?
A legal charge over the debtor’s property or investments, preventing sale without paying the debt owed.
What is an Oral Examination in the context of enforcement?
A court procedure requiring the debtor to disclose assets and income. Failure to attend or answer may result in contempt of court penalties.
Can a UK money judgment be enforced abroad? If so, how?
Yes. An application must be made under CPR Part 74 using a certified copy of the judgment to enforce it in another jurisdiction.