DR XII Enforcement of Money Judgement Flashcards
Interest for a money judgement
issued from High Court
Judgements under £ 5000
Judgements £ 5000 and over
All High Court judgements carry interests at 8% per annum running from the date of judgement
Judgement under £5000 - interest is not payable on County Court judgement under £5000 (unless a contract breach provides an interest rate)
Judgement over 5000 - carries interest at the same time as High Court. judgement over 600 can transfer to the HC for enforcement
Define oral examination
A judgement creditor may apply for an order requiring a judgement debtor tp attend a court hearing to provide information about means and assets
Time for serving notice for oral examination
The consequence if the judgement debtor fails to attend the oral examination
The judgement creditor must serve the court order personally on the judgement debtor no less than 14 days before the hearing.
the judgement creditor also must file an affidavit not less than two days before the hearing.
the judgement debtor will be questioned on oath. The judge may make a committal order if the judgement debtor fails to attend.
Methods of enforcement
Writ of control - to High Court enforcement officer
Warrant of control to a certified enforcement agent
Procedure for taking control
The creditor must give the debitor no less than seven day’s notice of the creditor’s intention to take control of goods
this must take place 12 months of giving notice.
The creditor’s agent can enter only the stated address and must provide an inventory of any goods seized
The agent must then sell the goods within 7 days with the proceeds used to discharge the debt plus enforcement costs
Define Controlled Goods Agreement
A controlled goods agreement is an agreement that permits the debtor to retain custody of the goods on the understanding that the enforcement officer is taking control of them, and debtor agrees not to dispose of them before the debt is paid.
What is a thrid party debt order
It is an order of the court that freezes money held by a person, organisation or institution, such as a bank or building society, which might otherwise be paid to the debtor against whom you have a judgment.
What is a charging order on land
If a judgement debtor has an interest on land, a creditor may obtain a charge on the property, which will rank as an equitable mortgage which gives the creditor the right to apply for an order to sale. this can apply even where the land is in joint ownership.
Define attachment of earnings
an attachment of earnings order compels an employer to make regular deductions from the debtor’s earnings and then pay them in court.
Other means of enforcement of money judgements
charging orders against stocks and shares (equitable executions)
a charge against a legacy in a will
filing for bankruptcy against a debtor or winding up a company
One exception where enforcement methods cannot be used together
a party needs permission from the court to enforce a judgement by taking control of goods while an attachment of earnings order is in force
How to enforce money judgement
if the debtor is in a country that has a reciprocal agreement with the UK, a creditor is permitted to trace the debtor and enforce the claim in that country, with the court’s permission.
Explain s 69 County Courts Act 1984 and s35A Senior Court Act 1981
Every particulars of claim must have a claim for statutory interest paragraph.
it must make reference to the relevant authorities being s69 County Courts Act 1984 and s35A Senior Courts Act 1981
