Do you have a County Court Judgment?
Jeremy Boyle founding partner of Welbeck Solicitors explains the ways to enforce a County Court Judgment.
Types of Judgment
UK JudgmentIf you have a judgment against a debtor who has been ordered to pay you money, there are several methods of enforcement you can choose from to attempt to recover the judgment debt. (Please see lower down this page for more information on these enforcement methods)
The most appropriate method of enforcement for your particular debtor would depend on multiple factors. For example - whether there are any assets owned by the debtor, whether they are in full time employment, or whether they have enough money in their bank account to settle the judgment debt in full.
To instruct us to assist with enforcement of a judgment against your debtor, contact us by phone on 020 3504 8321, or by email to firstname.lastname@example.org.
EU JudgmentIf you have a judgment against a UK debtor, which was obtained in a Court located within an EU Country, but outside of the UK, we can be instructed to register and enforce this judgment against the debtor here in the UK. This would be done using either of the following two Regulations, depending on the date when the Court proceedings concluded:-
Regulation (EU) No 1215/2012 of 12 December 2012
Council Regulation (EC) No 44/2001 of 22 December 2000
The Judgment you have against the debtor may be a European Order for Payment (EOP). This too can be enforced the same as a County Court Judgment in the UK.
If you not already have a judgment against the debtor, we can be instructed to present an application for an EOP on your behalf, to the debtor’s local County Court.
European Enforcement Order (EEO)If you have obtained judgment against your debtor, you may be able to apply to your local Court for an EEO to be issued. Such an order is enforceable against the debtor here in the UK, in the same way as a County Court Judgment.
Types of Enforcement
Writ of Control / Warrant of ExecutionOften considered the quickest and cheapest method of enforcing a judgment, execution against goods is often chosen as an enforcement method.
A Warrant of Execution gives court bailiffs the authority to take goods from the defendant's home or business.
Bailiffs will try to either:
- collect the money you are owed; or
- take goods to sell at auction.
Third Party Debt OrderA Third Party Debt Order is usually made to stop the defendant taking money out of his or her bank or building society account, in order for the available funds to be paid to settle the judgment debt.
A third party debt order can also be sent to anyone who owes the defendant money. If the defendant has a bank or building society account, the bank or building society will freeze the account when it receives the order from the Court. If the account is overdrawn on the day the bank or building society receives your order, you cannot be paid from the account. The defendant will know about the order and may stop paying money into the account.