FAQs about Debt Recovery

ENFORCEMENT OPTIONS

Possibilities for enforcement, all of which involve the Claimant paying Court fees, are :-

Execution against goods

  • In the County Court the course of action taken is by way of warrant of execution. Whereas, in the High Court by way of writ of fiery facias (know as fi. fa.).
  • Normally, the bailiff or the enforcement officer will attend the judgment debtor’s property in order to gain entry and seize the goods. This will include money, bonds, cheques, equipment or jewellery belonging to the debtor.
  • The bailiff or the enforcement officer then either takes the goods with him or leaves them at the premises provided he enters into a walking possession agreement which states that no one can remove the goods.

Third party debt order

  • It is normally used when a judgment debtor is owed money from a bank or a trade debtor
  • There is a two stage process after which third party may be discharged against the judgment debtor if the debt is fully paid.

Charging orders

  • These are used to impose a charge on a judgment debtor’s property in order to secure the amount under the judgment debt.
  • If the two staged process is followed (interim and final order is made), it can give basis for proceedings for enforcement by sale.

Enforcement by sale of property following Charging Order

  • This has to be done by separate proceedings using a Part 8 claim
  • If the matter goes to trial, then the court may make an order for the sale of the charged property.

Attachment of earnings

  • The employer of the judgment debtor must make periodic deductions from the debtor’s earnings.