DSC05545 1024x576 - Secured a Judgment but the debtor still won't pay? It's not the end of the road!

Secured a Judgment but the debtor still won’t pay? It’s not the end of the road!

Unfortunately, obtaining a Judgment in your favour doesn’t always mean that a debtor will...

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Secured a Judgment but the debtor still won’t pay? It’s not the end of the road!

29th June 2017

News : Litigation

Unfortunately, obtaining a Judgment in your favour doesn’t always mean that a debtor will pay the monies owed, sometimes it is necessary to take further actions to secure these monies.

Did you know that you have approximately six years in which you can take steps to enforce the Judgment? Below are just some of the possible options you have available to you:

  1. Order to Obtain Information; you can ask the court to order a debtor to attend court and provide evidence of their income. Alternatively, where the debtor is a business you can request that an officer of the company attend to provide details of their accounts. This can assist in deciding whether to take further action against the debtor.
  1. Attachment of Earnings Order; where the debtor is working you can ask the court to deduct a set amount from the debtor’s earnings.
  1. Third Party Debt Order; you can seek the court’s assistance in freezing money in a debtors bank/building society accounts so that the court can make a decision as to whether this money should be paid directly to you.
  1. Charging Order; you can ask the court to secure a charge over the debtor’s property, this will register your interest in the property and ensure that upon the sale of the same your charge is paid before the debtor receives any of the proceeds of sale.
  1. Enforcement Officers’; you can seek the court’s assistance on obtaining monies from the debtor via a county court bailiff or high court enforcement officer. They will assist in attending the debtor’s premises to collect the money owed or take the required action to enforce payment by seizing and selling goods.
  1. Insolvency Proceedings; as a final alternative you can start insolvency proceedings against an individual or company.

As you can see obtaining a Judgment isn’t the end of the matter and if you are struggling to secure an overdue debt there are still a number of options available to you depending upon the circumstances.

If you would like our assistance in the enforcement process please don’t hesitate to contact our litigation department on 01270 762325. We will be happy to help.

 

 

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