Enforcing Judgments

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Before deciding whether or not to make a claim against someone, you should always consider whether such person has enough assets or whether his/her circumstances are such that will allow you to recover money from them, if you are successful in court. It would be uneconomic to pursue a claim against someone who could not pay you.

These are some things for you to consider:

1. Does the person who you want to claim against own any property? If you know the person’s address, you can find out whether they own that property by logging onto the Land Register Online and going to 'Property enquiry'. The fee for this service is £2.00 for each search (as at October 2006) and you can pay by credit/debit card. You could then secure the judgment debt by applying for a Charging Order. Contact us to arrange this for you.

2. Do you know the person’s bank account details, i.e. has the person paid you by a cheque in the past? If so, you may be able to apply for a Third Party Debt Order. This has the effect of freezing the person’s bank account and ordering the bank to pay you the judgment debt. It only works provided such person has enough money in their bank account.

3. Do you know if the person is employed, if so, do you know where they work? You could obtain an Order for the Attachment of Earnings to recover the judgment debt.

Of course it is possible to make the person bankrupt but this can prove expensive and you may not be able to recover the judgment debt if there are other creditors and especially if the person does not have enough assets to pay them.

Contact Paul Prikryl on 01494 864 650 or complete our contact form.