Judgment Enforcement Options

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  • vicks
    started a topic Judgment Enforcement Options

    Judgment Enforcement Options

    Following a number of people asking the same question on various forums recently, "How can I enforce my Judgment" This may help people in the future. I've tried to ensure the content is 100% correct but I advise whatever route you decide to take always take legal advice.

    Judgment Enforcement Options
    There are a number of methods you can use to enforce your judgment but all of them will cost more money and time, however, if you are successful in enforcing the judgment you can claim back any fees incurred from the defendant and don’t forget your interest. Whatever method you choose to enforce your judgment there are no guarantees that the method will be successful or that you will get your money back.

    Some defendants simply cannot afford to pay their debts and some defendants will do everything in their power to avoid payment even though they have the funds available for payment. These days there are many people who set up a limited company to obtain as much credit as possible and then jump ship when it’s time to pay, they then set up another limited company and do it all again. These sorts of people make the honest businessman suffer, as the limited status protects the company Directors and the company staff from the company debt. If a company is struck off or dissolved then you have no alternative but to write off the debt as it can be quite difficult to get the company reinstated or get the directors to pay the company’s debts.

    Below are a number of methods that creditors can use to enforce their judgments:


    HIGH COURT ENFORCEMENT
    The use of a High Court Enforcement officer (HCEO) can be the most effective way of getting your money. HCEO’s generally have more power than County Court Bailiffs and do tend to recover more debt, principally because, unlike the Bailiff, they do not need to give advance notice of a visit thus giving the element of surprise and stopping the defendant from hiding any assets. To use a HCEO the case must be transferred to the High Court which costs £60.00. The debt value must be over £600 and you must have a sealed judgment. Once your case has been transferred up to the High Court the High Court Enforcement Officer will attend the defendant’s property and attempt to recover your money.

    Pros – Can be very effective and the HCEO will generally act immediately from the issue of a writ of Fieri Facias (fi-fa), HCEO fees are paid by the defendant and the HCEO only gets paid on successful recovery.
    Cons – The defendant must have some assets to seize in order for this method to be successful.

    Costs: £60.00 for the issue of the writ and £60.00+VAT if the case is unsuccessful.
    More information about High Court Enforcement (please use Google due to site rules)


    WARRANTS OF EXECUTION (USE OF COUNTY COURT BAILIFFS)
    Pros – If you have a Judgment with any amount up to £5000 then this route would be useful to enforce such judgments as they can seize the defendant’s items and re-sell them to pay their debt to you.
    Cons – County Court Bailiffs do not have a great success in recovering goods and will often only make one of two visits to a defendant’s property. This is not because they are lazy or cannot do the job but is often due to the amount of work they have ongoing at any one time. If the judgment amount is over £5000 you cannot use this method of enforcement and it must be transferred to the High Court for enforcement.

    The current cost to issue a Warrant of Execution is £100.00
    HMCTS Form N323 - Request for Warrant of Execution



    ATTACHMENT OF EARNINGS ORDER
    Pros – If the order is granted the Court will order the employer of the defendant to pay the Court who will then pay you. If the employer refuses to pay, the employer can be fined by the Court. The Court will decide how much will be paid and the frequency of the payments.
    Cons – You’ve got to know if the defendant is employed and who the employer is. The Court may order small amounts to be repaid and if they lose their job you will have to start the whole process again. This order can take a long time to gain full payment.

    You can ask for an attachment of earnings order unless the defendant is:
    · Unemployed or self employed;
    · A firm or limited company;
    · In the Armed forces
    · A merchant seaman

    You can find out information about the defendant by asking for an Order of Information

    [B]The cost to issue an Attachment of Earnings order is: £100.00
    HMCTS Form N337 – Request for Attachment of Earning Order
    HMCTS Form N446 – Request for an Order to Obtain Information from Judgment Defendant



    THIRD PARTY DEBT ORDER
    A third party debt order is made against a party who holds or owes money to the defendant such as a bank or a customer who owes the defendant money. The organisation or the person who owes the money is known as the “third party”. A third party debt order will prevent the defendant having access to the money until the Court makes a decision about whether or not the money should be paid to you.

    Pros – This can be the best option if the defendant has funds available in his/her bank account or if you can identify a customer that owes them money.
    Cons – The order can be time consuming and difficult to get. If you obtain an order against a Bank and the account has insufficient funds available then you will not be able to get your money.

    You can find out information about the defendant by asking for an Order of Information.

    The cost to issue a third party debt order is: £100.00
    HMCTS Form N349 – Application for a Third Party Debt Order
    HMCTS Form N446 – Request for an Order to Obtain Information from Judgment Defendant



    CHARGING ORDER
    A charging order can be placed on a defendant’s property, such as a house or a piece of land. The charge will be the amount you are owed including costs and interest. A charging order can also be placed on stocks or shares. In some cases an order of sale can be granted which will force the defendant to sell his/her property.

    Pros – If this is the defendant’s only asset you will get your money eventually.
    Cons – If there are other charges on the property such as a mortgage or loans then these will be paid first which may leave no money left to pay your charge. The defendant may decide not to sell the property for years which means your money will be tied up for the duration the defendant owns the property.

    Remember to do a land registry search to see if the defendant owns the property and to see what other if any charges are on the property.

    The cost to issue a Charging Order is: £100.00
    HMCTS Form N379 – Application for a Charging Order on Land or Property




    BANKRUPTCY ORDER
    You can use this method against an individual defendant for undisputed debts over £750. No judgment is required first; you simply send a statutory demand giving them 21 days in which to pay in full. If they fail to pay then you can issue a bankruptcy petition. If the defendant is made bankrupt, their house and other assets may be sold to pay their debts.

    Pros – The threat alone of Bankruptcy can scare defendants into paying. The defendant will not be able to obtain credit while bankrupt and it will also affect future credit applications.
    Cons – The cost of such an order can be in the region of £2000, and if the defendant cannot genuinely pay then the threat of bankruptcy will not work.

    Directgov Website Advice on Making Someone Bankrupt


    Useful links and downloads:
    HMCTS Form - EX50 Civil and Family Court Fees
    Land Registry
    Registry Trust
    HMCTS Form Finder
    Directgov Website Advice on Making Someone Bankrupt
    Business Link Website Advice on How to Wind a Company Up
    Insolvency Service

  • scoobydo
    replied
    Thanks JK0, think I am time limited, it is 2nd hand information that he is working and also dont have a current address. Guess key is the correct form and filling it out correctly to ask to extend the time, obviously taking into account that the interest will stop at 6 years.

    Leave a comment:


  • JK0
    replied
    Just apply for an attachment of earnings order ASAP, surely?

    https://www.justice.gov.uk/courts/pr...nt-of-earnings

    Leave a comment:


  • scoobydo
    replied
    Hi, is anyone familiar with the form to gain more time for enforcement? Got someone owing just shy of 6k and have found out now working. I have been tracking this joker for years and now may have means but order was 16/01/13 so almost 6 years up :-( Could of sworn I read somewhere that you can get another 6 years but cannot find the form an local court are useless cannot get through on phone so guess a visit required. Tks

    https://thesheriffsoffice.com/articl...beyond-6-years

    Perhaps it is form N445 but not sure how to fill the form in. Currently got an urgent trace running on him, would the figures to be added include the 8% pa, dont even know what type of warrant it is and cannot find a guide to complete, any help much appreciated.

    Leave a comment:


  • Oversteer
    replied
    One thing to consider is that on occasion peoples life situations change over time. If you have judgment that lasts for 6 years, in that time they might meet a partner and want to rent or get a house. Or their financial situation may improve. It may be worth tracing them in 5 years time to see if it's now time to enforce your judgment before it expires.

    Leave a comment:


  • jpkeates
    replied
    No chance of getting what's owed, then.

    Make sure you register the ccj. It doesn't happen automatically when the judgement is part of a repossession hearing so you have to apply to have it done so it appears in the tenant's credit history.

    That's possibly one of the reasons the tenant's got away with it previously.

    Leave a comment:


  • mycanal
    replied
    Originally posted by Lorimer View Post
    Good news. I have just contacted the tenant referencing company that we used to enquire whether they had any additional information on the tenant which had not been included in the PDF report that they had sent us. They said 'yes' and were able to provide me with a payroll number and also a job title and location for the tenant. I have just put the completed attachment of earnings application form in the post and have everything crossed. Wish me luck that I do not end up with a 10 pence a month order. The tenant owes us over 10K, including interest and fees!
    I am first time landlord in the same siutation, facing court to evict non paying tenant my first one and phd in rent dodging...would you be able to guide , she keep chaning jobs , no bank balanace single mother working as care assisstant minmum wage job but she do get child support, benefits etc and she always work part time but different jobs every month.

    Leave a comment:


  • Gfl
    replied
    Any advice on using Debt collection agency? Come cross this from google, http://www.property118.com/debt-coll...-no-fee/38229/
    Is it trustworthy?

    Leave a comment:


  • Gfl
    replied
    I got a tenant who is receiving universal credit for housing elements and do not work, now 4months rent in arrears, I am taking him to court for possession. Is the court able to issue a possession order and a pay-rent order at the same claim if I am successful? What option do I have if he still don't pay, and don't pay ccj either? What about if he eventually moved out and won't tell me his new address? Is ccj able to get his new address from somewhere else?

    Leave a comment:


  • vishalbjain
    replied
    Originally posted by AJT1000 View Post
    Thanks for this. Does anyone have any recent experience of waiting times for the warrant for possession and bailiff appointment. We're nearly 6 weeks on from applying for the warrant, with no response from the courts (Berkshire) as to a date - goodness knows when that will be. The process was started with the section 21 served last JUNE......
    I applied for a warrant of posession on the 10th Jan and got a bailiff appointment for the 3rd week of Feb. This was with the watford county court.

    Leave a comment:


  • crossxtenant
    replied
    From my recent experience the courts are running massively behind.
    Totally different situation to yours but I went to court at the beginning of December, defendant, who was present, was told in no uncertain terms by the judge that they had 14 days to pay. The case wasn't typed up until last week and the defendant has now been given until mid Jan to pay and the deadline for paying their counterclaim fee was extended from mid December to mid February!

    Leave a comment:


  • KTC
    replied
    (Not from direct experience)

    Sounds about right. See page 6 for England & Wales national average. (TL;DR: 11 weeks from claim to order, 38 from claim to warrent)

    Leave a comment:


  • AJT1000
    replied
    Thanks for this. Does anyone have any recent experience of waiting times for the warrant for possession and bailiff appointment. We're nearly 6 weeks on from applying for the warrant, with no response from the courts (Berkshire) as to a date - goodness knows when that will be. The process was started with the section 21 served last JUNE......

    Leave a comment:


  • theartfullodger
    replied
    He needs a good kickin'

    Leave a comment:


  • crossxtenant
    replied
    Oh I will!
    His original agency went into liquidation and, looking on companies house, accounts are overdue on both of his current companies so I suspect he is in a lot of trouble - he is entirely unfit for purpose as a landlord, no deposit protection, no gas safety checks or certificates for the majority of my tenancy (rules don't apply to him as far as he's concerned, he's just been caught up with for not having a TV licence!) IMO he deserves to have his businesses go under!

    Leave a comment:

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