Money Judgements Flashcards
What is the role of the judgment creditor after obtaining a judgment?
The judgment creditor must pursue their opponent for payment, as the court does not automatically enforce the judgment.
What should be considered before commencing enforcement proceedings?
The likelihood of obtaining payment, as there is little point in obtaining a judgment against a party who cannot pay.
What are the two possibilities for investigating a judgment debtor’s financial circumstances?
- Instruct an enquiry agent
- Apply to the court for an order to obtain information from the debtor
What is an order to obtain information from a judgment debtor?
A court order requiring the debtor to attend court and be questioned on oath about their finances.
What is the procedure for obtaining an order to obtain information?
The creditor files a notice of application, serves the order on the debtor, and the hearing takes place in the appropriate court.
True or False: Enforcement officers can force entry into a debtor’s home.
False
What items may be seized under the method of enforcement known as taking control of goods?
- Motor cars
- Computers
- Banknotes
- Boats
- Securities such as share certificates
What items are exempt from seizure during enforcement?
- Necessary items for basic needs
- Work tools and equipment necessary for the debtor’s work or study (up to £1,350)
- Goods belonging solely to another person
In which court can a party who has obtained a judgment issue a writ of control?
In the High Court, regardless of the amount to be enforced.
What is the first step in the procedure for enforcing a judgment in the High Court?
The judgment creditor delivers a praecipe and two copies of a writ of control to the court office.
What happens if the debtor fails to attend court after being ordered to provide information?
The judge may make a committal order against the debtor.
What is a charging order?
An order that places a charge on the debtor’s land or securities, similar to a mortgage.
What is the procedure for applying for a charging order?
It involves filing an application notice, serving the interim charging order, and obtaining a final charging order after possible objections.
What is a third party debt order?
An order requiring a third party to pay the creditor sufficient funds to satisfy the judgment debt.
What is the first step in the procedure for a third party debt order?
The creditor applies to the court without notice to the debtor.
What must happen after an interim third party debt order is made?
A hearing will be listed no less than 28 days later to consider objections.
Fill in the blank: Enforcement officers in the High Court are known as _______.
[High Court Enforcement Officers (HCEOs)]
What are the advantages of enforcement in the High Court?
- HCEOs are paid based on results
- Interest continues to accrue on the debt
What limitations exist for charging orders?
- Not effective if there are significant prior charges
- Payment may take years if an order for sale is unsuccessful
What is the maximum aggregate value for work tools and equipment that can be exempt from seizure?
£1,350
What must be done to enforce a charging order on land?
The creditor must apply to the court for an order for sale of the land charged.
What is the initial step after a judgment is made regarding a third party debt order?
A hearing will be listed no less than 28 days later.
What happens at the hearing for a third party debt order?
The court considers objections and may make the order final unless there is a good reason not to.
What can a debtor do if they object to a third party debt order at the hearing?
They can provide evidence to support their objection.
