Enforcement of Judgments

Question 1

Name 8 ways of enforcing judgment

Answer 1

1. Obtaining information from debtors
2. Execution against goods
3. Administration orders
4. Third party debt orders
5. Attachments of earnings
6. Charging orders
7. Bankruptcy or winding up proceedings
8. Judgment summons

Question 2

If a JC seeks an execution against goods of _____ or above but the Judgment is in the County Court, the judgment must be transferred to the High Court.

What is ____?

Answer 2

£5,000

Question 3

If a JC seeks a charging order of _____ or above but the Judgment is in the County Court, the judgment must be transferred to the High Court.

What is ____?

Answer 3

£30,000

Question 4

If a JC seeks an execution against goods of _____ or below but the Judgment is in the High Court, the judgment must be transferred to the County Court.

What is ____?

Answer 4

£600

Question 5

If a JC seeks a charging order of _____ or below but the Judgment is in the High Court, the judgment must be transferred to the County Court.

What is ____?

Answer 5

£5,000

Question 6

Where can an attachment to earnings order be awarded?

Answer 6

The County Court

Question 7

What can an execution against goods order NOT include?

Answer 7

Tools or equipment necessary for JD’s employment

Items necessary to the basic domestic needs of JD and her family

Question 8

What can a judgment debtor do if they want to find out information about a judgment creditor’s means?

Answer 8

Apply to Court for a information order

Question 9

What is the result of a third party debt order? When will this generally be used?

Answer 9

A debt payable to the judgment debtor becomes payable to the judgment creditor. Useful when the third party is a bank.

Question 10

When will a third party debt order be granted?

Answer 10

If there is evidence that the debtor has an account with a bank

Question 11

Will a hearing for the application for a third party debt order be with notice or without notice?

Answer 11

Without notice

Question 12

What is the 5 stage process for a third party debt order?

Answer 12

1. The JC must apply with evidence of the bank account
2. The Judge will fix a date for a final hearing and grant an interim third party debt order
3. The interim order must be served on the third party not less than 21 days before the final hearing date
4. The interim order must be served on the judgment debtor not less than 7 days after the third party is served.
5. A final hearing is held on the third party debt order

Question 13

What is the effect of an interim debt order?

Answer 13

It binds the third party to freeze any debts due to the judgment debtor.

Question 14

When will an attachment to earnings order be most suitable?

Answer 14

Where a judgment debtor is employed but no has no other substantial assets.

Question 15

Can an attachment to earnings order apply to self employed earnings?

Answer 15

No

Question 16

What are the 5 procedural steps for an attachment to earnings order?

Answer 16

1. A standard application notice (CPR 23) is filed
2. The Court notifies JD 21 days in advance
3. The JD fills out a questionnaire on his financial means
4. A District Judge will consider the JD’s income and expenses at a hearing
5. The District Judge sets a protected earnings rate and a normal deductions rate
6. The order will be served on the Judgment debtor’s employer

Question 17

What is a charging order?

Answer 17

A charge is a form of security over property. A charging order secures a judgment debt by imposing a charge on the judgment debtor’s property.

Question 18

What is a judgment summons?

Answer 18

A judgment summons is a procedure for imprisoning a defaulting judgment debtor who could pay who has chosen not to. It is only available for enforcing matrimonial maintenance orders and tax arrears.