Enforcement of money judgments Flashcards
What must the winning party do to enforce a judgment?
They must apply to court to have the judgment enforced; it’s not automatic if the losing party chooses not to pay.
What is the first step to locate a debtor’s assets?
The judgment creditor (JC) applies for an order for the debtor to attend an oral examination about their means and assets.
What is required before the oral examination hearing?
The JC must serve the court order personally on the judgment debtor at least 14 days before the hearing and file an affidavit of service.
What happens if the debtor fails to attend the hearing?
The judge may issue a committal order against the debtor.
What is the interest rate available to the JC during enforcement?
Interest is 8% per annum in the High Court and for debts over £5K in the County Court.
What is “Taking Control of Goods”?
A method to take control of the debtor’s property to sell it for debt satisfaction.
What is the process for enforcement in the High Court?
The JC files a request, the court issues a writ of control, and it’s forwarded to a High Court enforcement officer.
What notice must the creditor give before taking control of goods?
The creditor must provide at least 7 days’ notice of their intention to take control of the goods.
What is a Third-Party Debt Order?
An order allowing access to the debtor’s money in bank accounts, directing the bank to pay the creditor instead of the debtor.
What is a Charge on Property?
It gives the creditor the right to apply for the sale of the debtor’s property if they have an interest in it.
What is an Attachment of Earnings Order?
An order compelling the debtor’s employer to make regular deductions from the debtor’s earnings and pay them into court.
How is enforcement affected if the debtor is outside England and Wales?
The judgment is enforceable only if the debtor’s country has a reciprocal enforcement agreement with England and Wales.
