Enforcement

We have a wealth of experience and a range of approaches to enforce a Judgment and help you recover your business debts.

There are a number of different ways to ‘enforce’ the Judgment once obtained, our team will discuss with you the most appropriate means of Enforcement. Usually this entails instructing the Bailiff or High Court Enforcement Officer (formerly known as Sheriff).

What is a Bailiff / High Court Enforcement Officer?

The Bailiff / High Court Enforcement Officers have the authority to levy on goods belonging to the Debtor (which are not subject to finance or third party ownership), for the purpose of removal and sale in the absence of payment of the debt.

What is the difference between the Bailiff and the High Court Enforcement Officer?

The County Court Bailiff will be the Officer who enforces the Judgment if the Claim is for less than £600.

The High Court Enforcement Officer enforces Judgments for Claims over £600.

What other processes are there to enforce the Judgment?

When Judgment has been obtained there are a range of other Enforcement procedures that may be used, these include:-

  • Warrant of Control – The instrument that authorises the County Court Bailiff (in the absence of payment) to attend the Debtor’s premises for the purpose of recovering the debt or if necessary removing goods for sale at auction.
  • Writ of Control – For debts over £600 this authorises the High Court Enforcement Officer to send out a 7 day compliance letter warning the Debtor that in the absence of payment they will be attending the Debtor’s premises for the purpose of recovering the debt or, if necessary, removing goods for sale at auction.
  • Charging Order – An Order placed on the Debtor’s property against which the debt becomes secured.
  • Third Party Debt Order – An Application is made to the Court to Order a Third Party to pay the Claimant. This Third Party can be a Debtor of the Defendant and / or the bank where the Defendant holds an account.
  • Attachment of Earnings Order – An Order to the Defendant’s employer to deduct the amount from the Defendant’s wages for payment of the debt.
  • Application for Debtor to Attend Court for Questioning – Used for the purpose of formally examining the Debtor as to their assets/liabilities.
  • Statutory Demand – A 21 day Demand Notice served personally on the Debtor for Claims over £5,000 for individuals, or debt value of £750 on Limited Companies. In the absence of satisfaction either a Bankruptcy Petition or Winding Up Petition can be applied for.
  • Bankruptcy Proceedings – The procedure of filing a Petition to declare individuals bankrupt for the purpose of identifying the Debtor’s assets where the Claim is over £5,000.
  • Winding Up Petition/Liquidation – The procedure of applying to liquidate the Debtor Company for distribution of assets where the Claim is over £750.

Contact us today to discuss your matter in confidence

GET IN TOUCH

There Are Four Key Stages That We Follow In The Debt Collection Process

4-stage-1

A Letter Before Action to the Debtor states the value of the debt and the time frame for payment. In most cases the debt is settled quickly and we do not take the matter further.

4-stage-2

If the debt is still not paid or a reply has not been received we issue a County Court Claim.

4-stage-3

If an Acknowledgment or Defence is not received within the Court time frame we will apply for a County Court Judgment (CCJ).

4-stage-4

There are a number of different ways to enforce the Judgment once obtained.

What We Do Best

  • Claiming Late Payment Charges
  • Enforcement
  • Disputed Claims
  • Overseas Collections
  • Alternative Dispute Resolution
  • Terms & Conditions Consultation

What Our Clients Say

Lane and Co are a very friendly firm of solicitors who have helped us many times over the years whether it was to send a short letter to a late payer or to attend court on our behalf for the more tricky case.  Their service is very professional and efficient and I wouldn’t hesitate to recommend them to anyone for this type of work. It is definitely money well spent.
Mrs H Orme FCCAFinancial DirectorEdwards Bathroom Plumbing and Heating Supplies Ltd