High Court Enforcement
We can transfer your County Court judgements to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
This is a preferred method of enforcement for most County Courts and will involve an employee of a private company licensed by the High Court to enforce debts of over £600.
The HCEO will attend the address that you have for the debtor and possess additional powers over and above a bailiff, including the ability to force entry to commercial premises. The High Court Enforcement Officer will seek to recoup their costs from the debtor, so there is no additional cost to you.
County Court Bailiff
Attachment of Earnings Order
If your debtor is an individual that is employed and you have the name and address of the employer, this is often an appropriate method of enforcement. Once the order has been made, your debt is paid out of the debtor’s salary by the employer every week or month. An Attachment of Earnings Order cannot be made against a debtor who is self-employed, unemployed or receiving pension income.
Charging Order
If your debtor owns or has an interest in a property, it is possible to secure your Judgment against the property. Although the charge does not guarantee immediate payment, it does secure the debt and interest will accrue at 8% per annum. It is usually worth getting a Charge against a property if there is equity in the property.
Statutory Demands & Winding Up
We can organise a Statutory Demand which is a formal legal document requiring the debtor to pay off the outstanding debt within 21 days, either by instalments or a lump sum.
Alternatively the matter can be escalated to winding up proceedings. Winding Up petitions can be used for debts of over £10,000. The petition is drafted and sent to the Court, who will seal the petition and give a date for a Court hearing.
The petition is then served to the debtor and can be advertised in the London Gazette 7 days after service. This will also freeze the debtor’s bank account, which serves as an incentive to pay the debt quickly. Once the petition has been advertised, other creditors may also wish to support it.
Third Party Debt Order
A Third Party Debt Order is usually made to stop the Defendant taking money out of his or her bank or building society account. The money you are owed is paid directly to you by the debtor’s Bank/Building Society from their account.
A Third Party Debt Order can also be made against anyone who owes the Defendant money. The debtor will not be notified of this action until after you have served the third party with the Court Order.
By this time, their bank account or funds will already be frozen, either in part or full. Timing for a Third Party Debt Order is crucial, because funds are frozen on the day that the Order is received. Therefore, if funds are not available on that day, the order will fail.
Information Order
If the debtor is attempting to avoid enforcement, we can apply to the court for an order that requires the debtor to attend before a court officer to answer questions with regard to their assets and means. During the appointment, the debtor will be given the opportunity to put forward payment proposals. If these are accepted, the Court will make a Variation Order which can be enforced in the same way as a Judgment Order if the debtor fails to keep to this arrangement.
If the debtor fails attend the appointment, they can be held in contempt of Court and even committed to prison for a short period.
If you have a CCJ or if you require enforcement advice, please email info@jacksonscrs.co.uk.
