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dispute resolution > Enforcement Of Money Judgements > Flashcards

Enforcement Of Money Judgements Flashcards

1
Q

Why is an enforcement necessary?

A

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.

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2
Q

What are the 2 possibilities to obtain information about the judgement debtors financial circumstnaces?

A

Instruct an enquiry agent

Apply to court for an order to obtain information from teh debtor

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3
Q

What is an order to obtain information?

A

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.

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4
Q

What is the procedure for an order to obtain information?

A

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.

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5
Q

What are the 4 methods of enforcement?

A

Taking control of goods

Charging order

Third party debt order

Attachment of earnings order

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6
Q

What is taking control of goods enforcement?

A

Seizure and sale of debtors goods

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7
Q

What is a charging order?

A

A charge on the debtors land or securities

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8
Q

What is a third party debt order?

A

An order requiring a third party who owes money to the debtor to pay it directly to the creditor

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9
Q

What is an attachment of earnings order?

A

An order requiring the debtors employer to make deductions from their earnings and pay them to the creditor

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10
Q

Which part governs taking control of goods?

A

Part 83

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11
Q

Who carries out the task of taking control of goods

A

High Court enforcement Officer in the high court

Enforcement officers (bailiffs) in the County Court

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12
Q

What powers do enforcement officers have when taking control of goods ?

A

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

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13
Q

What items can be seized when taking control of goods?

A

Usual content of home or business premises - cares, computers etc

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14
Q

What is exempt from taking control of goods/

A

“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

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15
Q

What is the max aggravated value of work tools that cannot be taken>

A

1350

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16
Q

When is a warrant of control document required?

A

If the court that enforces it is the COUNTY COUR

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17
Q

When is a writ of control document required?

A

When the judgement is enforced by the HIGH COURT

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18
Q

How much is the judgement sum, for the county court to enforce it?

A

Less than 600

600-5000, can choose high or county

19
Q

What is the procedure in the high court for taking f goods order applicaiton?

A

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

20
Q

What is the procedure for the county court for the taking of goods application?

A

Creditor files the form of request for a warrant of control at county court hearings centre that serves the address where goods are to be seized

Then warrant is executed by enforcement officer for district where debtor resides or carries on business

21
Q

What are the advantages of taking of goods order?

A

Effective
HCEOS are paid on their results, therefore more effective
Interest on the debt, therefore accrues

22
Q

What are the disadvantages of the taking of goods order?

A

Limits to the powers the HCEOs can do. Cannot force entry into.

Judgement creditor does not obtain all the monies due to them, becuase it costs more for enforcement.

23
Q

What part governs chargingorder?

A

Parat 73

24
Q

What is the consequence of a charging order?

A

The creditor is placed in the same position to a mortgagee. The Charging order will sit on the asset until such time as it is worth the creditor pursuing the matter further and applying for an order of sale

25
Q

Can a charging order be made on jointly owned land?

A

Yes. You can apply to the court for an order on jointly owned land with another person.

26
Q

How much should the debt be for it to ONLY be made in the county court?

A
  1. If over this, can be made in either.
27
Q

What are the 3 stages for charging orders?

A

Stage 1: interim charging order

Stage 2: final charging order

Stage 3:order for sale

28
Q

What are the steps for stage 1 of charges order - interim charging order?

A

Creditor must file. An applicaiton notice, including the details of judgement debt. Creditor must file an draft interim charging order - ICO

Application will be dealt with by court officer without a hearing

ICO applicaiton notice and any documents must be served om the debtor within 21 days

Debtor then has 14 days to request that the court officers decision be reviewed by a judge

29
Q

What is an ICO

A

Interim charging order

Part of the charging order, stage 1

30
Q

What is included in stage 2 of the chargingorder?

A

Final C order.

If any person objects to the making of the final C order, FCO, thjjey must file and serve written evidence stating the grounds for objection, within 28 days of service.

If an objection is received, thjje court will transfer the applciation to the debtors hjjome court for hearing

31
Q

What is FCO

A

Final charging order

32
Q

What are the advantages of a charging order?

A

Useful means of securing payment against debtors who lack liquid assets.

Main advantage are that it secures it. Although not immediate.

May encourage the debtor to make efforts towards settling debt.

33
Q

What are the disadvantages of a charging order?

A

Not always be effective
Payment may not be received for years.

34
Q

What are examples of third partys that the debtor may owe money by?

A

Bank or building accounts that are in credit

Trade debts due to a business

35
Q

Which section governs third party debt orders?

A

Section 72.

36
Q

What is the procedure for a third party debt order?

A

Issued by court.

Creditor applies to court wihtout notice to debtor, providing details of name and address of branch

Judge makes an interim order, which has the effect o freezing the bank account or funds held by the third party.

No money is paid to creditor but a hearing will be listed no less than 28 days later.

At hearing, court will consider any objections. And then require third party to pay.

37
Q

What are the adv of third party debt orders?

A

Element of surprise.

38
Q

What is the procedure for attachment f earnings?

A

Must be made to the county court

Creditor applies
Court informs debtor of the application and requires them too either pay the sum, or file. A statement of means, giving income and outgoings
On receipt of form, court officer will make an attachment of earnings with repayment guidelines.

Order will be sent to parties and debtors employer.

If either arty objections, they can apply for reconsideration.

39
Q

What court can you apply to an attachment of earnings order?

A

County court ONLY
The high court has no power

40
Q

Which section sets out attachment of earrings procedure?

A

Part 89

41
Q

What happens if you try to enforce a money judgement in scotland and NI?

A

Relatively quick.

Creditor must obtain certificate, confirming date of judgement, sum awarded and details of costs and interest.

Then, make an application to the court in Scotland or NI, with evidence, to register judgement within 6 months

42
Q

What happens if you try to enforce a money judgement in the commonwealth?

A

Enforcement is possible under Administration of Justice Act 1920 for High Court judgements and

Foreign Judgement Act 1933 for county court

Judgement must be final and registered within 12 months for 1920 act, and 6 years for 1933act.

43
Q

What happens if you try to enforce a money judgement in other countries?

A

If 2005 Hague COnvetion, judgement will be enforced and recognised in that country

Or

CommonLaw rules. Creditor ability to enforce will be determined by the NATIONAL law of that particualr. Country. Will the have to start fresh roceedings and instruct local lawyers.

dispute resolution (12 decks)

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