How do I enforce a judgment?

Question

I was awarded judgment against a couple who owed me £5000. They applied to have the judgment set aside. The judge found in our favour and side we should now apply for a charge to be put on their property or for bankruptcy. I don't know what todo next.

Answer 1

You apply to the Courts for an Enforcement Order and ask them to send in the Bailiffs.

The Bailiffs costs are added to the amount owing.

Answer 2

There are a number of ways to enforce judgments via the courts. I believe the judge may have made the comments regarding a charge on the property due to the relatively large sum.

There are other ways you could get your money back although you would have to evaluate which one works best fro you. I append as follows:

1. Attachment of earnings order (not available if someone is self-employed or a company director)

2. Charge on shares/securties - do they have any shares or bonds?

3. Garnishee - this is where the money is taken from a bank account usually but you can also use this method where someone owes the debtor money. e.g. A owes B £1,000. An order can be made so that A pays the money direct to you.

4. Warrant of execution against goods - this is in effect sending in the bailiffs.

If you don't have any idea of the debtor's financial status you can have them examined at court. This is not a method of enforcement it is merely a way of discerning a person's means.

Good luck with your case!

Answer 3

You've obviously had some kind of hearing. You should have paperwork from the Judge regarding that.

Be advised I am speaking from a Northern Ireland perspective and that our law regarding this is different from GB law or Republic of Ireland law.

Best bet is to talk to Citizen's Advice, a local Law Centre or contact your Solicitor.

If I remember correctly, by applying for a charge to be put on their property, they cannot sell their home and move elsewhere. The 'charge' effectively stops them doing a runner with what's owed. Depending on their debts (you may not be the only one) you will be put in a list and the creditors will be paid first before the remainder of any money is paid to that couple. Mortgage is first, then large debts like the car or credit cards and so on and so forth down to the most insignificant debt.

Have you some form of civil bill? Given the amount is £5K.

Then you would apply for a decree.

This is normally at County Court level.

Then it goes to the Enforcement Office - the County Court will advise you.

You issue a Notice of intent to Enforce and they have 10 days to reply to this with their proposals for repayment.

You'll need to ask for further advice but I believe you are entitled to interest on the money owed from a certain date. this is calculated at the standard rate and the couple will have to pay this also as well as additional costs as you pursue them through the system.

Answer 4

why did they borrow in the first place, was it a matter of life or death or for a luxury? Talk to them and if they can afford it ask them but if it means they will be homeless and on benefits then its up to you, you will be the one paying them to stay on benefits and they will be rehoused and will you still get your money? Raise an action through the court - which will cost you.

Answer 5

dang, what did they do to you.. I think if they did something bad to you, like almost put you in bankruptcy or w/e, then go for it! But if you are the determining factor for someone's life bascially, look really hard into it.. Think with your mind and not emotions.. and discuss this over with your family. Couldn't you do installment plans with them?

Answer 6

Me and the boys will collect your £5000 for you.Our cost would be £1500.£3500 is better than nothing. Knee capping would be part of the deal!

Answer 7

further to the above, if you know who they work for you can apply for an attachment of earnings order.

For more and better info look at the department of constitutional affairs website.

If you need more email me.