Enforcement

Having obtained a judgment we also offer fixed fees for enforcement which can take a number of different forms from orders that the debtor attend court to be questioned as to their means, to charging orders over property owned and bailiffs.

Which is the right method in respect of your debt will depend on the precise circumstances and we will discuss with you which is the most appropriate method in your case. Your options may include:

• Order that a debtor be questioned as to their means
  Whilst not strictly enforcement, having a debtor ordered to attend court to provide information and documents relating to his or her income and outgoings together with monies held at the bank, property owned or other securities, is a useful way of establishing the best method of enforcement. The debtor is also asked whether they can make you an offer of payment at that stage.
• Charging Order and Order for Sale
  If the debtor owns property in England and Wales, either solely or jointly with someone else, you can obtain an order that the property stand charged with the amount of the judgment debt plus additional costs. It is then possible to apply for a sale of the property in certain circumstances. Orders for sale often require more detailed advice and assistance and we can provide a fee estimate on request.
• Bailiffs
  If the debtor owns possessions or goods in England and Wales, you can request the court bailiffs remove them and sell them in satisfaction of the amount of the judgment debt plus additional costs. Bailiffs can be appointed in the High Court or County Court.
• Attachment of earnings
  If the debtor works in England and Wales, either solely or jointly with someone else, you can obtain an order that the employer pay you an amount directly from the debtor's wages in satisfaction of the judgment debt, plus additional costs.
• Third part debt orders
  If the debtor is owed money by someone else (such as a bank or book creditor) in England and Wales, you can obtain an order that the money owing to the debtor is paid directly to you in satisfaction of the amount of the judgment debt plus additional costs.
• Statutory demand
  This is the first step in making someone bankrupt or to enable you to apply to wind up a company. Essentially it is a formal demand for payment which, if not paid within 21 days, is evidence that the person or company is insolvent. It is also a useful tool in ensuring quick payment as a wealthy individual or a company will not wish to be made bankrupt or wound up respectively.
• Bankruptcy and winding up
  This option involves the official receiver being appointed to take over the person's or business' affairs and liquidating assets in order to pay creditors. It is important to establish that there are sufficient funds from which you will be paid as some creditors (such as Revenue and Customs and the bank) will often be entitled to receive their money first. There will be a hearing. The debtor must owe you more than £750.

Take a look at our fixed fee price list to find out more about the cost of each enforcement option or click here to learn about our Tozers Collect service.

Fixed fees for enforcing a judgment.