29 Jan 2020 / Back to latest updates

Do you have a Judgment/ Order to recover monies and are you unsure what to do next?

If you have been granted a Judgment/ Order against someone else (the “Debtor”) and they continue to ignore requests for payment, what can you do next to recover monies owed to you?

Initial Questions to consider

• Do you have a home or business address for the Debtor?
• Do you believe or have knowledge that the Debtor owns their property?
• Does the Debtor have any other assets such as a car, stock or money in the bank?

Pre-Enforcement Steps

• Unsure of the Debtor’s assets or address? we have tracing agents who can conduct various investigations into the Debtor to locate an address and possible assets at around £75 to £250 plus VAT (depending on how in depth you need to go into).
• The judgment is dated within 6 years of today’s date.
• We are happy to carry out various searches such on Land Registry and Companies House for further information at either a fixed rate or our hourly rates. 

There is a variety of enforcement options available, including:

• Warrant of Control (County Court Bailiff) – debts below £5,000. The Court sends agents to the debtor’s address to obtain payment and/or remove goods that are of equivalent value so that they can be sold at auction. A court fee is payable of £66.
• High Court Enforcement Officers – Writ of Control – Debts of £600 or more. The Judgment is transferred from the County Court to the High Court for a Writ of Control. Agents attend the debtor’s address to request payment or re-possess assets (similar to Warrant of Execution). The court fee is £66 and the agent charges an abortive fee of £75 plus VAT if negative.
• Attachment of Earnings Order–An amount decided by the court is deducted from the debtor’s wages and paid directly to you. However, this can only be used for debtors that are employed.
• Charging Order- this secures the debt owed to you against the debtor’s property. If the property is then sold or re-mortgaged the debt will be paid if there is sufficient equity in the property. The court fee is £110.
• Third Party Debt Order- the court orders that the Debtor’s money held by a bank/building society, is paid directly to you. This can lead to debtor’s bank account being frozen until the date of a hearing of the application. But you do need full details of the Debtor’s bank account. Court fee is £110 plus agent’s fee to attend hearing.
• Bankruptcy/Winding up Petition – an option of last resort. The threat of such action can be very effective and focuses the debtor’s mind on paying what they owe. This can be only be used on debts on or over £5,000 if the debtor is an individual or £750 if the debtor is a company. The court (and other) fees can be expensive (around £1,500 to £2,500) so depends if the debtor has assets. Should you be interested in this then please let us know.
• Send a Statutory Demand – a pre-cursor to bankruptcy or winding up petition and is a formal request for payment within 18 days. Will either make the debtor pay, respond or put forward an offer of payment. Can be used as evidence that the Debtor is unable to pay their debts. Please discuss this with us further should be interested.

Our specialist debt recovery experts can advise you on the best route to maximise your recovery and guide you through each step.

For further information on possible enforcement proceedings or if you have any debt related questions please contact us.

The Debt Collection Centre recovers the debts that others can’t- powered by Devonshires Solicitors. We act for a variety of businesses including individuals, SMEs, sole traders, government agencies and companies.