Investigating the Debtor's Means Flashcards
Why is it important to investigate debtor’s means?
To see if judgement debtor can or will pay
What are sources of information in investigating debtor’s means?
1) Client
2) Company search
3) Land Registry
4) Registers
5) Enquiry agents
6) Debtor examination
What does Land Charges Registry tell you?
Restrictions / charges on land
What does individual insolvency register tell you?
Bankruptcy / IVAs / Debt Relief orders
What do attachment of earnings index tell you?
Existing earnings order against debtor
What does register of judgements, orders and fines tell you?
Previous CCJs or High Court judgements
What happens if debtor is legal aided?
No recovery of costs or damages
What happens if there is insurance cover?
May guarantee easier payments
What is the application form for order to obtain information?
Form N316 for individual or N316A for company officer
When must notice be served for order to obtain information?
Personal service at least 14 days before hearing
What happens at hearing of order to obtain information?
Court officer or judge questions debtor under oath
How does one enforce an English judgement abroad?
Seek certified copy of judgement and follow foreign country’s enforcement regime
How does one enforce foreign judgement in England?
May need to sue on the judgement as debt and apply for summary judgement
What is included in certified copy of judgement?
Claim form and statements of case
Evidence served on D
Grounds of judgement
Service details
Appeal timeline
Recoverable interest
