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Debtors that don't comply with court judgements - a lost cause?

View profile for Michelle Hayter
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In this difficult economy, it is more important than ever to keep a firm grip on expenditure. Taking the decision to commence Court proceedings against a debtor is therefore for most businesses, not one which is taken lightly.

Sometimes however, this is an inevitable step, particularly where a debtor simply refuses to pay. Unfortunately and perhaps all too often, the debtor who is unscrupulous enough to ignore your invoices may also be the type that will ignore a judgment.

So what happens when a debtor fails to pay after you have obtained a judgment in your favour? A Solicitor in our Litigation team, Michelle Hayter, explains “It is a common misconception that nothing can be done if a debtor fails to comply with a judgment against them. There are in fact several options open to creditors in seeking to enforce a judgment, the key is finding the right one, taking into account all the circumstances and the type of debtor you are dealing with. Below is a very brief summary of the options available.”

  1. Attachment of Earnings Order – e.g. stopping money from an individual debtor’s wages.
  2. Third Party Debt Order – e.g. freezing a debtor’s money held in a bank account.
  3. Charging Order – e.g. placing a charge on property owned by the debtor.
  4. Warrant of Execution – e.g. sending a Court bailiff to collect the money due.
  5. Order for debtor to attend Court for questioning. – e.g questioning in Court as to the debtors means.
  6. Bankruptcy / Winding Up

Taking enforcement action does not have to be expensive and if the correct procedure is used, it can be very effective. For a free consultation as to your options contact Michelle on 01202 499255.

The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.

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