Enforcement
Debt Recovery Enforcement
METHODS OF ENFORCEMENT
WHICH METHOD OF ENFORCEMENT TO USE ?
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HIGH COURT ENFORCEMENT OFFICER | If your Judgment is over £650.00, we would recommend that your apply to the High Court Enforcement Office to transfer your case to the High Court for enforcement via the High Court Enforcement officer.. |
Benefits? | - Quicker service than through the Bailiff - HCEO will make out of hours attendances at evenings and weekends - Claimant can recover interest at 8% per annum from the date of the Judgment and fixed costs of £101.75 - HCEO will remain in execution to collect instalments from the Defendant - If full recovery made, Claimant will only be responsible for £50.00 court fees, making the HCEO a cheaper alternative to the Bailiff. |
Drawbacks? | - If the HCEO is unable to make any recovery from the Defendant, the Claimant will be responsible for their abortive charges of £70.50 |
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Benefits? | - One charge of £55.00 regardless of outcome of case - Can be more cost effective for smaller debts |
Drawbacks? | - Bailiff can be very slow in meeting the Defendant - The Bailiff will only make three visits to the Defendant's address - No out of hours or weekend attendances made |
OTHER METHODS OF ENFORCEMENT | |
Oral Examination | Defendant examined on oath by officer of Court as to assets and liabilities and ability to discharge outstanding Judgment |
Attachment of Earnings | Defendants employer ordered to deduct an agreed sum each month from the Defendant's salary |
Charging Order | Charge placed on the Defendant's beneficial interest in freehold or leasehold property as security for Judgment debt |
Third Party Debt Orders (formerly Garnishee Order) | Another creditor of the Defendant, usually a Bank or Building Society ordered to pay monies directly to Claimant in satisfaction of outstanding Judgment |