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Enforcement

Often obtaining judgment against a third party is only the first step to recovering the money or assets.

You then need to go through the process of enforcing the judgment to ensure that the third party does pay you.

Rutherfords Solicitors can advise you on the best prospects of recovery in the circumstances of your case and also how you can recover your additional costs of enforcing your judgment against the third party.

Securing the Debt against Goods

If you have a judgment against the debtor in the County Court you can make an application to send the County Court Bailiff to that person's property to secure your debt against their assets. In addition, if the debt is for an amount exceeding £600 then you can transfer the case to the High Court and instruct a High Court Enforcement Officer to enforce the debt against that individual or company. In our experience High Court Enforcement Officers are very effective in securing the debtor's assets.

Insolvency

If the individual or company owes you a debt exceeding £750 it is possible to instigate insolvency proceedings. You firstly need to serve a Statutory Demand upon the individual or organisation in a specific form. If this sum is not paid within 21 days you can then instigate bankruptcy proceedings against an individual or a Winding Up Petition against a company. If those proceedings are successful and the debtor does not pay your debt before the court hearing then the court will appoint a Receiver to administer the affairs of the bankrupt/insolvent company to repay your debt out of the assets.

Charging Orders

It is possible to obtain a Charging Order against the debtor's property. This is similar to obtaining a mortgage on the property. You make an application to the court and, if successful, your "charge" is registered against the property in the Charges Register at the Land Registry. If there are one or two mortgages on the property your charge will come after those debts. You will be entitled to recover these monies when the property is sold. In addition, you can make application to sell the property so that your debt is recovered more swiftly through an application for Order for Sale.

There are numerous ways to recover such monies and some of these enforcement methods are as follows:
  • County Court Bailiffs and High Court Enforcement Officers
  • Insolvency Proceedings
  • Charging Orders against Property
  • Attachment of Earnings Orders

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