Enforcing judgements

After you have secured a county court judgement on your debt recovery case ordering your debtor or debtors to repay all outstanding funds, you are required to enforce this judgement. The experienced debt recovery solicitors at Brearleys are capable of advising you on the most appropriate method of enforcing a county court judgement on your debt recovery case.

Typically, one of the following methods will be used to recover your outstanding funds:

(a) Apply to Court for a Charging Order If your debtor is the owner of property, for instance a residential home or business premises, a charge in your favour may be registered against this property.

Once a charge has been registered, you can either wait for the property to be sold or you can make a further application to the Court for an order that the property is sold and the debt satisfied from the sale proceeds.

(b) Warrant of Execution Under debt recovery law, an enforcement officer can be instructed to seize and sell goods belonging to the debtor until the debt is repaid. This success of this method depends entirely upon the value of the physical assets owned by the debtor, if they own any at all, and also whether or not the location of their assets is known to the Court.

(c) Attachment of Earnings If the debtor is employed, their employer can be ordered to pay a proportion of their salary directly to you. If your debtor is self-employed, this would not be an appropriate method of debt recovery.

(d) Third Party Debt Order Under the terms of a Third Party Debt Order a third party, such as a bank, which owes money to your debtor can be ordered to pay that money directly to you in satisfaction of the Judgment sum

We can do this on a fixed cost or an hourly rate basis whichever is the most appropriate/cost effective.

Enforcing judgements

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