Enforcement Flashcards
Does the court automatically take enforcement action against the debtor?
No
What is oral examination of the debtor?
Order for debtor to attend court and give information on means/anything else needed to enforce judgment
Does notice need to be given to the debtor for an application for oral examination of the debtor?
No
When must an order for a debtor to attend court for oral examination be personally served on them?
no less than 14 days before hearing
When must enforcement be done in the high court?
Sum of £5000 or more
When must enforcement be done in the county court?
Sum of less than £600 or agreement regulated by consumer credit act
How can you investigate a debtor’s means?
- enquiry agents
- company searches
- Land charges registry
- Individual insolvency register
- Attachment of earnings order
- Register of judgments, orders and fines
What features of the opponent should be considered when assessing their means to pay a debt?
Legally aided opponent
Dissipation of assets
Insured opponent
How will judgments made which involve other jurisdictions be goverened?
Reciprocal arrangement or
Common law
What are the enforcement methods?
Taking control of goods
Third party debt orders
Charging orders
Attachment of earnings
Insolvency proceedings
What items are excluded from taking control of goods?
- Trade tools to an aggregate value of £1,350
- Basic domestic items
What document will be used to issue taking control of goods?
- High court = Writ of control
- County court = Warrant of control
What is the three step process for taking control of goods?
- Give notice to debtor of enforcement
- Enter premises and secure goods
- Sale of goods
What are the time limits involved when giving notice to a debtor of taking control of goods?
- EO writes to debtor at least 7 clear days before
- EO has 12 months from giving notice
What are the restrictions on an enforcement officer entering premises to take control of goods?
Must not before 6am or after 9pm nor where child/vulnerable person is only person present
When is a third party debt order appropriate?
Where there is a ‘debt due or accruing due’
What must a third party do if it objects to a third party debt order?
file and serve written evidence stating grounds
What is the process for third party debt orders?
- Interim order made without notice to judgment debtor
- Served on debtor
- On notice hearing where debtor will be heard
- Court decides whether to make final order requiring TP to pay
Which court can attachment of earnings order only be made?
County court
What is the minimum amount of debt where an attachment of earnings order can be made?
£50
What is an attachment of earnings order?
Debtor’s salary will have deductions paid to court to transmit to creditor
What is the procedure for an attachment of earnings order?
- Creditor files application certifying amount outstanding and pays fee
- Application and reply form served on debtor
- Court may make order attaching proportion of debtor’s earnings
- Served on debtor and employer
When can a bankruptcy/winding up petition be made?
Bankruptcy: Judgment debt more than £5000
Winding up petition: Judgment debt more than £750
