Appeals & Enforcement

Question 1

For appeal purpose time limits, when do judgements and orders take effect?

Answer 1

Date they are given or made.

Question 2

What are the four methods of enforcement?

Answer 2

TCG
Third party debt order
Charging order
Attachment of earnings

Question 3

What items are exempt from TCGs?

Answer 3

tools up to aggregate value of £1,350

basic domestic items.

Question 4

To whom and what must be issued in a TCG?

Answer 4

Warrant of control to CC (up to £600)

Writ of control to high Ct (£5000 over).

Question 5

Steps in a TCG?

Answer 5

Notice to judgement debtor (7 days before 12 month period starts)
Enter and secure
Notice to debtor of entry.

Question 6

Where are attachment of earnings proceedings issued?

Answer 6

County Court only.

Question 7

How does one serve insolvency proceedings?

Answer 7

Statutory demand on debtor prior to petition giving 21.

Question 8

What if assets are abroad?

Answer 8

Foreign judgements being enforced in E&W, need an English judgement - so issue debt proceed gins and apply for summary judgement.

Question 9

Third party debt order example?

Answer 9

money in bank account, trade debts.