Once a claim has been filed, the next part of the debt recovery process is deciding which method to use in recovering the monies owed. The type of judgment and enforcement depends entirely upon the circumstances under which the debtor has been found to owe the money. Advice from debt recovery solicitors is essential to satisfy the debt as quickly as possible.
Debt recovery solicitors from Oratto
Oratto has been developed as an online method of connecting those who require legal services with experienced, specialist lawyers. All of the debt recovery solicitors on this page are experts in each variation of the debt recovery process. You can select a lawyer from the list, or you can submit your details to Oratto to use the Oratto Match function, which will help us to pair you with the best lawyer for your needs.
Judgment and enforcement
Once your claim has been filed, there are a number of possibilities going forward. The defendant may admit liability, they may file a defence, or a defence and counterclaim, or they may not respond at all. If the latter is the case then 14 days after the claim has been filed, the claimant can request a default judgment. Once this has been obtained then you must enforce the judgment and there are a number of options for doing so. Your Oratto member solicitor will be able to advise you on the best way to proceed; the method of recovering the debt will depend on the circumstances of the debtor.
When applied for, the court will enter default judgment for the total amount payable plus court fees, solicitor's fixed costs and interest accrued since the claim was filed. The defendant then has one month to satisfy the debt and after this the judgment will appear on their credit rating.
Warrant of execution
More conventionally known as a County Court Judgment, or CCJ, this applies to judgments under £600 and means that an Enforcement Officer is able to seize and then sell goods belonging to the debtor to satisfy the debt to you. With this type of enforcement, the value of the goods must be taken into account, plus whether the location of the goods is known by the court. The Enforcement Officer can also report back to the court with their assessment of the value of the debtor's goods. Entry to premises can be forced by the Officer during recovery, but forced entry is not allowable to residential properties.
If the debt is over £600 then it will be sent to the High Court Enforcement Officer who will attend the premises to recover the debt directly from the debtor, as a county court Enforcement Officer would do.
This is not an immediate solution to recover monies owed to you, but it does secure the debt. A charging order gives you security over the defendant's property, land or goods. A charge in your favour will be registered against the property and then you can either wait until it's sold to recover the money from the proceeds, or you can apply to the court for an Order to have the property sold immediately.
Third Party Debt Order
This can be attached to anyone who owes money to the debtor, i.e. a bank, to freeze assets. It normally prevents the debtor from accessing funds in their bank account and the money can then be ordered to go directly to you as the claimant.
Attachment of Earnings Order
This can only be used if the debtor is in paid employment, and it obliges the employer to pay a proportion of the debtor's earnings towards satisfying their debt. It also requires the name and address of the employer to be known to the court.
Order to obtain information
This establishes the financial circumstances of the debtor. They can be asked to attend court to answer questions pertaining to their assets and income.
If the judgment remains unsatisfied, then there is the option of insolvency. This only relates to amounts over £750.
Contact Oratto today for expert advice on judgment and enforcement in the court system.