Introduction to Enforcement Flashcards
What is enforcement?
Legal steps taken after judgement to compel losing party to comply
Does the court automatically enforce?
No, the creditor must initiate enforcement
What is investigating the debtor’s means?
Assessing whether the debtor can pay, will pay voluntarily, has accessible assets
When should you investigate debtor’s means?
Before and after judgement
What is an order to obtain information?
Allows creditor to force debtor to attend court and disclose financial info
What can come from a failure to comply to an order to obtain information?
Risks contempt of court
What is required for order to obtain information?
1) Form N316 (individual) or N316A (company officer) 2) Personal service at least 14 days before hearing 3) Hearing conducted by court officer or judge 4) Use of standard questionnaires
What are the main enforcement methods?
1) Writ / Warrant of Control
2) Third Party Debt Order
3) Charging Order
4) Attachment of Earnings
What is a writ / warrant of control?
Seize and sell debtor’s goods
What is a third party debt order?
Take money from bank accounts or people who owe debtor money
What is a charging order?
Secure debt against debtor’s land or securities
What is an attachment of earnings?
Deduct instalments from debtor’s wages
Can the court order different enforcement methods at once?
Yes
Do different courts have different enforcement availabilities?
Yes
Which court can do attachment of earnings?
County court only
Which court can send enforcement officers to collect items?
High court only for judgements over £5,000
When can enforcement begin?
Only after debt becomes due (after 14 days)
