Bt

Question 1

Wyd if you want to enforce a monetary judgment and the D ain’t paying?

Answer 1

FIRST apply for oral examination to compel D to go to court and say what assets he has. Answers under oath. Imprisonment if lie/silent.

THEN… three options.

1. Seize d’s assets.
   - enforcement agent can seize and sell their assets.
   - can’t seize things D uses for business or household items.
2. Charging order over d’s assets.
   - apply to court and if granted, you get a charge over d’s property which solicitor needs to register to prevent them from disposing of it.
   - unlikely family home will be sold if it means D’s wife and kids will be homeless.
   - more time consuming than seizing assets.
3. Bankruptcy proceedings
   - we can apply to court to make them bankrupt.
   - more of a tactful move to scare him into paying as it would cause him a lot of issues. I.e. obtaining credit.
   - if bankruptcy does actually go through recovering the full amount would be unlikely as will likely be one of many unsecured creditors.