Revision Guide - Ch.18: Enforcement of Money Judgments

Question 1

What happens if the losing party doesn’t pay the judgment in the High Court?

Answer 1

Interest accrues at the rate of 8% per annum from the date of the judgment until the award is paid

Question 2

When is interest payable on a County Court judgment?

Answer 2

Only if the judgment is over £5,000

Question 3

When can a County Court judgment be transferred to the High Court? Why do this?

Answer 3

A County Court judgment over £600 can transfer to the High Court for enforcement so that interest can be collected

Question 4

What can a judgment creditor apply to the court for initially?

Answer 4

May apply for an order requiring a judgment debtor to attend an oral examination in court to provide information about their means and assets

Question 5

What notice is needed of an oral examination hearing?

Answer 5

The judgment creditor must serve the court order personally on the judgment debtor not less than 14 days before the oral examination hearing.

Question 6

What must the judgment creditor file at court before the oral examination?

Answer 6

File an affidavit not less than 2 days before the hearing providing details of service + stating how much remains unpaid.

Question 7

What is issued to an enforcement agent in the High Court?

Answer 7

A writ of control

Question 8

What is issued to the enforcement agent in the County Court?

Answer 8

A warrant of control

Question 9

What does a writ/warrant of control do?

Answer 9

They are issued by the court to an enforcement agent + allows them to take control of a judgment debtor’s property in order to sell it to satisfy the judgment.

Question 10

What notice must be given of the intention to take control of goods?

Answer 10

The creditor must give the debtor at least 7 days’ notice of the intention to take control of goods

Question 11

What must the creditor’s control do when seizing assets?

Answer 11

i. they can only enter the stated address,
ii. they must provide an inventory of any goods seized,
iii. the goods must be seized within 12 months of the notice,
iv. the agent must sell the goods within 7 days of the seizure with the proceeds used to discharge the debt plus enforcement costs

Question 12

What can the creditor’s enforcement agent not seize?

Answer 12

1. Equipment for use in the debtor’s trade, or
2. Household items necessary for basic domestic needs

Question 13

When might a creditor seek to obtain a third-party debt order?

Answer 13

If the judgment debtor has money in a bank, or

In commercial cases where the judgment debtor is owed money by a third party

Question 14

What will a third-party debt order do?

Answer 14

Require that the money is paid to the judgment creditor rather than the debtor.

Question 15

What may be done if the judgment debtor has an interest in land?

Answer 15

A creditor may obtain a charging order which will give the creditor the right to apply for an order for sale.

This can apply even if the land is in joint ownership.

Question 16

What may be done if the judgment debtor is an individual in regular employment?

Answer 16

A creditor may apply to the County Court for an attachment of earnings order to compel the debtor’s employer to make regular decisions from the debtor’s earnings + then pay them into court.