Enforcement of Money Judgments

Question 1

Stay of execution

Answer 1

Given when debtor gives evidence and show in a witness statement that they are unable to pay

Question 2

Order to obtain information

Answer 2

Order requiring the JD to attend court to provide information about their means and assets

Question 3

Before the order to obtain information hearing, the JC must-

Answer 3

Not less than two days file an affidavit/produce at the hearing an affidavit which gives details of service and how much of the judgment remains unpaid

Question 4

If JD fails to comply with the order to obtain information-

Answer 4

The judge may make a committal order

Question 5

Brackets for County Court enforcement agents/HCEO

Answer 5

Less than £600 - CCEA, £600-£5,000 - either, over £5,000 HCEO

Question 6

Obtaining a writ of control (HC)

Answer 6

JC needs to file a request in practice form 53, copy of judgment at the relevant District Registry or Central Office of the Senior Courts

Question 7

The writ will be sealed-

Answer 7

Provided that the above documents are filed and that the court officer is satisfied that the period of time specified in the order for the payment of money has expired

Question 8

Obtaining a warrant of cotntrol

Answer 8

JC needs to file a request in form N323 and copy of the judgment at County Court

Question 9

Procedure for obtaining a third party debt order

Answer 9

Application made without notice initially dealt without hearing, interim third party debt order made, served on the third party not less than 21 days before hearing, bank carries out search, ordinary living expenses retains, if JD/3P objects they may file written evidence

Question 10

Charging order applications must be made to-

Answer 10

County Court Money Claims Centre

Question 11

How are orders for sale obtained?

Answer 11

Via a Part 8 claim form procedure

Question 12

Stop order

Answer 12

Order not to register any transfer of the securities, transfer, sale, payment or other dealings with funds in court

Question 13

Stop notice

Answer 13

Same as stop order but without first giving notice to the CO holder

Question 14

Where to make an attachment of earnings application?

Answer 14

CCMCC

Question 15

When an attachment of earnings order has been made-

Answer 15

Either party is entitled to apply on notice for the terms of the order to be reconsidered and no other enforcement steps may be taken against the property of the debtor without court’s permission

Question 16

A party taking steps to enforce a money judgment can also-

Answer 16

Seek to recover costs of any previous attempts to enforce that judgment provided that such costs were not unreasonably incurred