Enforcement of Judgments Flashcards

1
Q

Name 8 ways of enforcing judgment

A
  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
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2
Q

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 ____?

A

£5,000

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3
Q

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 ____?

A

£30,000

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4
Q

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 ____?

A

£600

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5
Q

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 ____?

A

£5,000

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6
Q

Where can an attachment to earnings order be awarded?

A

The County Court

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7
Q

What can an execution against goods order NOT include?

A

Tools or equipment necessary for JD’s employment

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

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8
Q

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

A

Apply to Court for a information order

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9
Q

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

A

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

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10
Q

When will a third party debt order be granted?

A

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

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11
Q

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

A

Without notice

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12
Q

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

A
  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
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13
Q

What is the effect of an interim debt order?

A

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

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14
Q

When will an attachment to earnings order be most suitable?

A

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

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15
Q

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

A

No

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16
Q

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

A
  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
17
Q

What is a charging order?

A

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.

18
Q

What is a judgment summons?

A

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.