Enforcement Of Money Judgements Flashcards
Why is an enforcement necessary?
Having obtained judgement, the opponent is supposed to pay the monies due withotu any further action being taken. This doesnt always happen.
It is up to the successful party to pursue their opponent for the money.
What are the 2 possibilities to obtain information about the judgement debtors financial circumstnaces?
Instruct an enquiry agent
Apply to court for an order to obtain information from teh debtor
What is an order to obtain information?
This is a court order, requiring the debtor to attend before an officer of the court to be questioned by oath about their finances or those of a company of which they are an officer.
What is the procedure for an order to obtain information?
Judgement creditor files notice of application at court. Setting out details.
Order is personally served on debtor. Debtor can request 7 days payment of reasonable travelling expenses to and from the court
Hearing takes place in County Court hearing centre for area debtor resides.
Standard questions are asked, may additional ones.
If debtor fails to attend, judge may make a committal order against them.
What are the 4 methods of enforcement?
Taking control of goods
Charging order
Third party debt order
Attachment of earnings order
What is taking control of goods enforcement?
Seizure and sale of debtors goods
What is a charging order?
A charge on the debtors land or securities
What is a third party debt order?
An order requiring a third party who owes money to the debtor to pay it directly to the creditor
What is an attachment of earnings order?
An order requiring the debtors employer to make deductions from their earnings and pay them to the creditor
Which part governs taking control of goods?
Part 83
Who carries out the task of taking control of goods
High Court enforcement Officer in the high court
Enforcement officers (bailiffs) in the County Court
What powers do enforcement officers have when taking control of goods ?
They cannot force entry into a debtors home, but they can use reasonable force to enter business premises if they believe the debtors goods are inside
What items can be seized when taking control of goods?
Usual content of home or business premises - cares, computers etc
What is exempt from taking control of goods/
“Necessary items exemption’, only applies to individuals. If applicaiton, clothes, bedding, furniture etc ,cannot be taken.
Neither can work tools, computers, vehicles - necessary for debtors personally for wrk etc, subject to a max of 1350
What is the max aggravated value of work tools that cannot be taken>
1350
When is a warrant of control document required?
If the court that enforces it is the COUNTY COUR
When is a writ of control document required?
When the judgement is enforced by the HIGH COURT
How much is the judgement sum, for the county court to enforce it?
Less than 600
600-5000, can choose high or county
What is the procedure in the high court for taking f goods order applicaiton?
Judgement creditor delivers request and 2 copies of a writ of control to them court order.
The court seals the writ, and returns one copy to the creditor
The creditor then forwards this to teh HCEO for them county where them debtor resides, for them writ to be executed