Once you have issued a claim and obtained judgement there are a number of ways of enforcing that judgement and recovering your money.
Knowing the debtor’s financial situation will help inform your decision about which method to use.
If you are unsure about your debtor’s circumstances, an application can be made for them to attend court and be questioned about their financial state. This can be used to ascertain whether the debtor is a home-owner, in employment, and to establish what their income and expenditure is.
Third Party Debt Order
These orders can be used to have the debtor’s bank account frozen and the money owed compulsorily withdrawn to settle the debt.
They can also be used where a third party owes the debtor money. The court can stop the debtor having access to this money until it is decided whether it should be paid directly to the creditor.
If the debtor owns property, an application can be made to the court for a charge to be obtained against that property. In some cases this may result in a court order being obtained forcing the sale of the property so the creditor can receive the money owed from the proceeds.
Attachment Of Earnings Order
These orders are a way of having money deducted automatically from the debtor’s wage and paid directly to the creditor.
For judgments with a balance above £600, the High Court Enforcement Officer can be instructed to attend the debtor’s premises to extract payment or to remove goods that can be sold to raise funds towards the debt.
Alternatively, you can instruct the County Court Bailiff to do the same for any debt value.
