Enforcement

Question 1

Does the court automatically take enforcement action against the debtor?

Answer 1

No

Question 2

What is oral examination of the debtor?

Answer 2

Order for debtor to attend court and give information on means/anything else needed to enforce judgment

Question 3

Does notice need to be given to the debtor for an application for oral examination of the debtor?

Answer 3

No

Question 4

When must an order for a debtor to attend court for oral examination be personally served on them?

Answer 4

no less than 14 days before hearing

Question 5

When must enforcement be done in the high court?

Answer 5

Sum of £5000 or more

Question 6

When must enforcement be done in the county court?

Answer 6

Sum of less than £600 or agreement regulated by consumer credit act

Question 7

How can you investigate a debtor’s means?

Answer 7

• enquiry agents
• company searches
• Land charges registry
• Individual insolvency register
• Attachment of earnings order
• Register of judgments, orders and fines

Question 8

What features of the opponent should be considered when assessing their means to pay a debt?

Answer 8

Legally aided opponent
Dissipation of assets
Insured opponent

Question 9

How will judgments made which involve other jurisdictions be goverened?

Answer 9

Reciprocal arrangement or
Common law

Question 10

What are the enforcement methods?

Answer 10

Taking control of goods
Third party debt orders
Charging orders
Attachment of earnings
Insolvency proceedings

Question 11

What items are excluded from taking control of goods?

Answer 11

• Trade tools to an aggregate value of £1,350
• Basic domestic items

Question 12

What document will be used to issue taking control of goods?

Answer 12

• High court = Writ of control
• County court = Warrant of control

Question 13

What is the three step process for taking control of goods?

Answer 13

1. Give notice to debtor of enforcement
2. Enter premises and secure goods
3. Sale of goods

Question 14

What are the time limits involved when giving notice to a debtor of taking control of goods?

Answer 14

• EO writes to debtor at least 7 clear days before
• EO has 12 months from giving notice

Question 15

What are the restrictions on an enforcement officer entering premises to take control of goods?

Answer 15

Must not before 6am or after 9pm nor where child/vulnerable person is only person present

Question 16

When is a third party debt order appropriate?

Answer 16

Where there is a ‘debt due or accruing due’

Question 17

What must a third party do if it objects to a third party debt order?

Answer 17

file and serve written evidence stating grounds

Question 18

What is the process for third party debt orders?

Answer 18

1. Interim order made without notice to judgment debtor
2. Served on debtor
3. On notice hearing where debtor will be heard
4. Court decides whether to make final order requiring TP to pay

Question 19

Which court can attachment of earnings order only be made?

Answer 19

County court

Question 20

What is the minimum amount of debt where an attachment of earnings order can be made?

Answer 20

£50

Question 21

What is an attachment of earnings order?

Answer 21

Debtor’s salary will have deductions paid to court to transmit to creditor

Question 22

What is the procedure for an attachment of earnings order?

Answer 22

1. Creditor files application certifying amount outstanding and pays fee
2. Application and reply form served on debtor
3. Court may make order attaching proportion of debtor’s earnings
4. Served on debtor and employer

Question 23

When can a bankruptcy/winding up petition be made?

Answer 23

Bankruptcy: Judgment debt more than £5000
Winding up petition: Judgment debt more than £750