Investigating the Debtor's Means

Question 1

Which of the following tools allows direct questioning of a judgment debtor in court about their assets?
A. Charging Order
B. Attachment of Earnings Order
C. Order to Obtain Information from Judgment Debtor
D. Third Party Debt Order

Answer 1

C. Order to Obtain Information from Judgment Debtor
This is a court-based method under CPR 71 where the debtor is compelled to attend court and answer questions under oath about their assets.

Question 2

Where can you find a list of people with County Court judgments entered against them?
A. Individual Insolvency Register
B. Land Charges Register
C. Attachment of Earnings Index
D. Register of Judgments, Orders and Fines

Answer 2

D. Register of Judgments, Orders and Fines
This register includes both County Court and some High Court judgments. It helps identify other unsatisfied debts a debtor may have.

Question 2

Which register would you consult to see if a debtor has entered into a Debt Relief Order or IVA?
A. Register of Judgments, Orders and Fines
B. Individual Insolvency Register
C. Land Registry
D. Companies House

Answer 2

B. Individual Insolvency Register
This shows details of people made bankrupt or who are subject to Debt Relief Orders or Individual Voluntary Arrangements.

Question 3

What must an application for an order to obtain information from the debtor include?
A. A penal notice warning the debtor of contempt consequences
B. A list of attachable goods
C. A list of third-party bank accounts
D. Confirmation of interest under the Judgments Act

Answer 3

A. A penal notice warning the debtor of contempt consequences
The penal notice must inform the debtor they may be held in contempt and face imprisonment or fines if they fail to attend or comply.

Question 4

You act for a creditor with a £10,000 judgment. The debtor has not paid. You suspect they own property. What’s the most appropriate first step?
A. Apply for a charging order immediately
B. Search the Land Registry to confirm ownership
C. Issue a third-party debt order
D. Commence bankruptcy proceedings

Answer 4

B. Search the Land Registry to confirm ownership
Before enforcing via charging order, you must confirm ownership through Land Registry records to ensure the debtor owns the property.

Question 5

A company has defaulted on a judgment. You search Companies House and discover several charges over its assets. What should you be cautious about?
A. That the charges are personal
B. That the company is listed on the Register of Judgments
C. That the charges are unenforceable
D. That the company’s assets may already be secured and unavailable for enforcement

Answer 5

D. That the company’s assets may already be secured and unavailable for enforcement
Secured creditors will be paid first, so unsecured enforcement may be ineffective if the assets are heavily charged.

Question 6

Your client wants to enforce an English judgment against a debtor who owns property in Spain. What should you do first?
A. Identify whether a reciprocal enforcement regime applies
B. Register a judgment at Companies House
C. Apply for a charging order in Spain
D. Begin fresh litigation in Spain

Answer 6

A. Identify whether a reciprocal enforcement regime applies
You must first determine whether a treaty like the Hague Convention governs enforcement in the foreign jurisdiction.

Question 7

You represent a claimant who obtained a High Court judgment. You want to enforce by attachment of earnings. What must happen?
A. Issue a third-party debt order
B. Ask the High Court to assess earnings
C. Transfer the case to the County Court
D. Apply for a charging order

Answer 7

C. Transfer the case to the County Court
Attachment of earnings is only available in the County Court, so a transfer from the High Court is required for this method.

Question 8

You have issued an application for an order to obtain information (Form N316). The debtor fails to attend court. What is the consequence?
A. The creditor automatically gets a charging order
B. The case is dismissed
C. The debtor must pay the full debt immediately
D. The debtor may be committed for contempt of court

Answer 8

D. The debtor may be committed for contempt of court
Failure to attend or comply with the order may lead to imprisonment or a fine due to breach of the penal notice.

Question 9

A creditor wants to enforce an old foreign judgment in England. There’s no treaty with the country of origin. What’s the likely process?
A. Sue the debtor in England based on the foreign judgment as a debt and apply for summary judgment
B. Ask the English court to register the foreign judgment directly
C. File the foreign judgment under CPR 70
D. Apply for an attachment of earnings order immediately

Answer 9

A. Sue the debtor in England based on the foreign judgment as a debt and apply for summary judgment
At common law, the foreign judgment is treated as a debt and must be enforced via fresh proceedings in England.