Enforcement of money judgements

Question 1

Does the court automatically enforce judgments?

Answer 1

No

Question 2

2 options for getting more information from the debtor

Answer 2

1. instructing an inquiry agent, and/or
2. getting order to obtain information

Question 3

Which questions are asked the debtor by the officer to get information from him?

Answer 3

Standard questions, and any additional questions the creditor submits

Question 4

Who can take control of the debtor’s goods?

Answer 4

Enforcement officer, or High Court Enforcement Officer

Question 5

Which items cannot be seized?

Answer 5

Necessary items, and items needed for work/study (up to 1,350)
Items belonging to another

Question 6

Which document is needed to seize assets in the CC and HC?

Answer 6

CC: warrant of control
HC: writ of control

Question 7

For what range of judgement sum can the creditor choose between the HC and CC to seize assets?

Answer 7

600-5,000 Pounds

Question 8

Which assets can charging orders be made over?

Answer 8

Land or securities

Question 9

3 stages of charges on land

Answer 9

1. interim charging order
2. final charging order (debtor can object to this within 28 days of ICO service)
3. order for sale (FCO merely creates charge- new proceedings needed to enforce it!)

Question 10

Which court must be applied to for an attachment of earnings?

Answer 10

Country Court (never High Court)

Question 11

4 options for enforcing money judgments

Answer 11

1. taking control of debtor’s goods
2. charging orders
3. 3rd party debt order
4. attachment of earnings