Enforcement of Judgements
The court has confirmed you are owed the money. You have a judgement to prove it. And yet you still have not received your money and your debtor is continuing to ignore you.
In order to force payment there are a number of methods of enforcement available to you. Which one is the most appropriate will depend on the financial circumstances of the debtor.
The enforcement methods available are:
- oral examination - this gives you the opportunity to ask the debtor questions about their finances so you can then decide the best method of obtaining payment. An oral examination often encourages a debtor to make an offer of payment if they are able to do so.
- attachment of earnings – this is an order to the debtor’s employer requiring the employer to pay from the debtor’s salary a set amount to you.
- garnishee proceedings – this is an order requiring a third party who owes money to the debtor to pay the money they owe to you instead of the debtor.
- charging order - if the debtor owns a property you could apply to secure the monies owed to you on the property – much like a mortgage. You could eventually force the sale of the property but you will only recover money if there is equity in the property.
- bankruptcy or winding up of the company
Our specialists at Hart Brown can advise you on the best method of enforcement. We will take into account all the circumstances and what information you have about the debtor and then discuss with you your options.
To speak to a specialist lawyer who can help with enforcement of a judgement or any other debt recovery issue, call, email or request a call back from one of our specialist lawyers.