DR - enforcement - TCG

Question 1

What are the main enforcement methods against a judgement debtor?

Answer 1

· Writs / warrants of control;

· Third party debt orders;

· Charging orders;

· Attachment of earnings orders;

· Insolvency proceedings

Question 2

Generally, when can enforcement action begin?

Answer 2

the time for payment as specified in the judgment itself or in the rules must have elapsed without payment having been made.

Question 3

How does one enforce a judgement abroad?

Answer 3

• The judgment creditor must apply for a certified copy of the judgment.
• The application must be supported by written evidence exhibiting the claim form, statements of case and the evidence that was served on the defendant.
• Once a certificate of judgment has been obtained, the judgment creditor should follow the procedure in the applicable regime or common law to enforce the judgment abroad.

Question 4

what does ‘Taking Control of Goods (‘TCG’)’ do?

Answer 4

Allows an enforcement officer (‘EO’), which includes those who were formerly known as bailiffs and High Court sheriffs, to seize goods of a judgment debtor and sell them in order to use the proceeds of sale to satisfy the judgment debt and expenses.

Question 5

What are the exempt goods for ‘Taking Control of Goods (‘TCG’)’?

Answer 5

• tools of the judgment debtor’s trade which are exempt, but only to an aggregate value of £1,350 and
• basic domestic items, such as clothing, bedding, furniture and essential household items.

Question 6

Which court must be used for a ‘Taking Control of Goods (‘TCG’)’ order of:

Debt sum up to £600

Answer 6

Must use County Court

Question 7

Which court must be used for a ‘Taking Control of Goods (‘TCG’)’ order of:

Debt sum between £600 and £5000

Answer 7

Can use either High Court or County Court

Question 8

Which court must be used for a ‘Taking Control of Goods (‘TCG’)’ order of:

Debt sum more than £5000

Answer 8

Must use High Court

Question 9

What is the order sought for a ‘Taking Control of Goods (‘TCG’)’ order in the County Court and the High Court?

Answer 9

High Court – Writ of control

Country Court – Warrant of control

Question 10

Who is the writ or warrant of control addressed to?

Answer 10

The Enforcement Officer

Question 11

What are the three stages of a ‘Taking Control of Goods (‘TCG’)’ after the warrant/writ has been given to the EO?

Answer 11

(1) Giving notice to the judgment debtor of enforcement

(2) Entering premises and securing the goods

(3) Sale of the goods

Question 12

How many days notice does the EO need to give the judgement debtor before taking control of goods?

Answer 12

7 clear days

Question 13

How long after serving notice does the EO have to seize the goods of the judgement debtor?

Answer 13

12 months

Question 14

What are the restrictions on an EO on entering the premises and securing goods?

Answer 14

• The EO may use reasonable force to enter premises if necessary (this does not include using force against persons)
• must generally not take control of goods before 6am or after 9pm on any day
• must generally not take control of goods at any premises when a child or vulnerable person is the only person present

Question 15

What is the alternative for an EO of siezing goods?

Answer 15

Controlled goods agreement - an agreement whereby the judgment debtor is permitted to retain custody (and use) of the goods, despite the EO taking control of them, pending payment of the debt.

Question 16

True or False - The EO must sell the goods for the best price that can be reasonably obtained, and the sale will usually take place by way of public auction.

Answer 16

True