Debt Recovery

7. Enforcing Judgment

There are four main methods of enforcing judgment. In each case, you complete a form and pay the court a fee to start the process. The fee is added to the amount of your claim.

7.1 The most common method is to use a Warrant (or Writ) of Execution. This is effective if the defendant has assets (eg goods on his premises) which can be taken and sold for a significant sum.

• The court will send bailiffs to collect the money you are owed.
• Alternatively, the bailiffs can seize suitable goods to sell at auction.Bailiffs are prohibited from taking basic domestic items (eg clothes), items which defendants need for their jobs (eg tools, car) or rented items (eg television).
• Judgments for debts over £600, which are registered at the High Court, can be enforced by Enforcement Officers as they have a higher success rate than bailiffs.

7.2 If the defendant's bank account is in credit, consider using a Third Party Debt Order.

• The bank (or building society) is ordered to put aside the amount of your claim from the funds in the defendant's account. The defendant is offered a hearing.

7.3 If the defendant is employed, consider using an Attachment of Earnings Order.

• The defendant's employer is ordered to deduct the amount from the defendant's wages and pay it over.

7.4 If there is no easier way to obtain the money, consider a Charging Order.

This prevents the defendant from selling the assets which you charge (usually a house or stocks and shares) without paying you the money you are owed. Usually, the defendant is an individual rather than a limited company.