Introduction for Enforcement Flashcards
(12 cards)
What does CPR 70.2(2) allow a judgment creditor to do?
A. Enforce judgment only once
B. Enforce only via insolvency proceedings
C. Enforce only with court permission
D. Use one or more methods of enforcement, either concurrently or consecutively
D. Use one or more methods of enforcement, either concurrently or consecutively
Explanation: A creditor can pursue multiple enforcement routes at the same time or one after the other until the debt is satisfied.
Under CPR 71, what happens if a debtor fails to attend court after being served with an Order to Obtain Information?
A. The debt is automatically written off
B. The debtor may be committed for contempt of court
C. The judgment is overturned
D. The judgment creditor must withdraw enforcement action
B. The debtor may be committed for contempt of court
Explanation: Failure to comply with the order (e.g. not attending or not answering truthfully) can lead to committal proceedings for contempt.
Which method of enforcement is only available in the High Court and not in the County Court for debts over £5,000?
A. Third party debt order
B. Charging order
C. High Court writ of control
D. Attachment of earnings order
C. High Court writ of control
Explanation: For debts over £5,000, the creditor may use the High Court to issue a writ of control via a High Court Enforcement Officer.
What form must be used to apply for oral examination of an individual debtor?
A. N244
B. N20
C. N316
D. N433
C. N316
Explanation: Form N316 is used to apply for an Order to Obtain Information from an individual judgment debtor.
Alex wins a judgment against Jordan for £4,500. Jordan refuses to pay and is employed. Alex wants to enforce payment from Jordan’s wages. What must Alex do first?
A. Apply for a third party debt order
B. Issue a High Court writ of control
C. Apply for an attachment of earnings order in the County Court
D. Begin insolvency proceedings in the High Court
C. Apply for an attachment of earnings order in the County Court
Explanation: Attachment of earnings is appropriate for employed individuals and only available in the County Court.
Serena obtained a County Court judgment for £6,200. She now wants to use High Court Enforcement Officers. What must she do first?
A. File for bankruptcy
B. Transfer the judgment to the High Court
C. Apply for a third party debt order
D. Apply for an attachment of earnings order
B. Transfer the judgment to the High Court
Explanation: To use High Court enforcement for amounts over £5,000, a County Court judgment must be transferred to the High Court.
Liam obtains a judgment. He is unsure of the debtor’s financial situation. What is the most appropriate first step?
A. Apply for an oral examination of the debtor
B. Send a statutory demand
C. Freeze the debtor’s bank accounts
D. Apply for a charging order on land
A. Apply for an oral examination of the debtor
Explanation: This allows Liam to compel the debtor to disclose financial information to assist in choosing the most effective enforcement route.
You represent a client who has obtained a judgment. The defendant owns a jointly held asset with a spouse. Can you enforce against it?
A. Yes, without restrictions
B. No, joint assets are always excluded
C. Only if the asset is registered under the debtor’s sole name
D. Caution is needed because the co-owner may have an overriding interest
D. Caution is needed because the co-owner may have an overriding interest
Explanation: Jointly held property requires careful analysis, as others may have enforceable rights (e.g. beneficial interests).
Which of the following enforcement methods CANNOT be used unless the debt is already due and unpaid?
A. Charging order
B. Writ of control
C. Third party debt order
D. All of the above
D. All of the above
Explanation: Enforcement action can only begin once the time to pay (usually 14 days after judgment) has passed and the debtor remains in default.
What is the effect of a penal notice attached to an order for oral examination under CPR 71?
A. It allows the debtor to negotiate payment terms
B. It authorises automatic arrest of the debtor
C. It warns the debtor of possible contempt proceedings for non-compliance
D. It allows the judgment creditor to attach earnings
C. It warns the debtor of possible contempt proceedings for non-compliance
Explanation: The penal notice informs the debtor that disobeying the order may result in imprisonment, fines, or seizure of assets.
If a debtor is subject to a mental health crisis moratorium under the Debt Respite Scheme, what effect does this have on enforcement?
A. Enforcement may continue with court permission
B. All enforcement activity must stop, including interest and charges
C. Only charging orders are prohibited
D. It prevents future judgments being entered
B. All enforcement activity must stop, including interest and charges
Explanation: The breathing space moratorium halts all creditor actions for a defined period, including enforcement and added interest.
A claimant with a High Court judgment wants to use an attachment of earnings order. What must they do first?
A. Apply for leave to enforce
B. File an N316A
C. Transfer the judgment to the County Court
D. Issue a default costs certificate
C. Transfer the judgment to the County Court
Explanation: Attachment of earnings is a County Court remedy; a High Court judgment must be transferred there first.
