#3228 - Trial & Post Trial - Civil Litigation

2. Enforcement

“judgment creditor” – the successful party pursuing the judgment

“judgment debtor” – losing party against whom judgment is made.

Decision to pursue an enforcement order is up to judgment creditor and they should bear in mind the financial position of the judgment debtor – i.e. does he even have the money? Enforcement is therefore not automatic.

Time limitations

J.Creditor can enforce judgment up to 6 calendar years from date of judgment. After this he must seek permission from court to do so.

Advice to J. Creditor

Must consider the following before obtaining judgment

a) where is debtor

b) does he have assets

c) is creditor entitled to recover those assets

CPR 71:

JC has the right to examine the JD in court in an ORAL examination. It will be decided what is the best way of getting the money – assessment of JD’s assets.

EXAM: always say: JC needs a CPR Part 71 Information Order – to question JD for details.

List of methods available for JC to enforce JD payment:

EXAM: highlight all the important details in the facts – link them to the relevant orders.

1.The writ of Fieri Facias (High Court) and the Warrant of execution (County Court.)

• entry into debtor’s premises, seizure of goods, securing the goods.

• does not require judicial decision

• combine with other methods of enforcement

• cannot take essential assets – for life and work e.g. TV? Car? Computer?

• Not able to force into premises

2. Attachment of earnings

• cannot be combined with any other method

• can only be made on debtors who are employed.

• Attachment of Earnings Act 1971 (CPR Sch.2)

• County Court only

• no interest accrues on judgment whilst order is in force

• Form N337 completed by creditor

• Form N55 served on debtor, must complete questionnaire N56

3.Third Party debtors order

• CPR 72

• Allows third party (bank, building society etc), who holds money for the J.Debtor, to pay the outstanding sum directly to J.Creditor.

4. Charging Orders

• JC gets a charge over LAND – as a means of securing the debt.

• Judgment creditor becomes a secured creditor of the judgment debtor in respect of land owned (jointly or solely) by debtor.

• Ranked second to mortgage

• However – will there be enough equity in the property to cover the...