Enforcement Flashcards
May be necessary to transfer a case between HC and CC to best aid enforcement
HC is more …
Where must a judgment of …. be enforced?
over £5,000?
£599 or less?
600-5,000?
Efficient
over £5,000 = MUST enforce in HC
600-5,000 = Choice but HC better choice
Less than £600 = MUST enforce in CC
What are the methods through which a judgment creditor may enforce a judgment/order for the payment of money? (4)
- Writ of control or warrant of control
- Third party debt order
- Charging order
- Attachment of earnings order - in CC only
Which court issues a WRIT
Which court issues a WARRANT
WRIT = HIGH COURT
WARRANT = COUNTY COURT
What are the 2 types of Writ?
What do they allow for?
Writ of control
Allows enforcement through taking away debtor’s personal property through siezing and selling personal goods
Writ of execution
Possession = For possession of lan
When will a THIRD PARTY DEBT ORDER be used?
Cannot be used against what types of bank accounts?
Applies when judgment debtor has a bank account with money in it
Tells the bank to pay the judgment creditor
Joint bank account
How does an Attachment of Earnings Order work
Under Attachment of Earnings Act 1971
When judgment debtor is employed, the order directs the employer to make periodical deductions from the debtor’s earnings
Order will specify the normal deduction rate and protected earnings rate = only when the debtors earning are over this will payment be made
CC ONLY
How does a changing order work
Only effective when there is what in the land?
When will the judgment creditor get their money?
Charging Orders Act 1979
Debtor owns land, judgment creditor can get a charging order against the debtors interest in the land
Charge is registered at the land registry
Equity - difference between value of land and any mortgage
Only get money when JD sells land, or JC can seek order for the sale of the land
What is the 2 step process of getting a charging order?
- Get interim charging order
Then debtor has opportunity to lodge objected, onus on them to file evidence
- Final order made
Which court has jurisdiction to make charging order?
If it is a HC judgment over £5,000 then either HC or CC has jurisdiction
If it is a HC judgment under £5,000 or a CC judgment then only the CC has jurisdiction
(Most made in CC)
Charge takes effect on what? When …
- Single debtor owns house alone?
- Joint debtors own house together?
- Debtor owns house jointly with another (who is not a debtor)?
- Takes effect against LEGAL interest
- Takes effect against their LEGAL interests
- Charge only takes effect against the debtors BENEFICIAL interest
What are the different kinds of charging orders?
On land
ON securities
(Interest in a fund in court/interest in partnership property)
Limitation period for
Arrears of interest on any judgment
Writs/warrants
Arrears of interest on any judgment = 6 years
Writs/warrants = 6 year limit on execution under CPR 83.2
When an injunction is granted it will be endorsed with what? What does this warn of?
IF a party fails to comply with an injunction what can teh other party do?
Endorsed with PENAL NOTICE, warns that if injunction breach party will be in contempt of court and could be sent to prison
Other part can seek to commit D for contempt, most commonly D ‘purges contempt” by apologising and complying
If D can show technical defect in injunction/service then contempt will not be found
Rare option = D found in contempt = can be fined/assesses sequestered or sent to prison
Can a judgment/order be enforced against a non-party or by a non-party?
Yes can be enforce by or against that person, non-party, by the same methods as its they were a party
What should a judgment creditor do if they need more information in order to decide which enforcement method to use?
Apply for an order under CPR 71, requiring the JD to attend court to provide information
Can be made without notice and application can be dealt with without a hearing
