Legalitum Ltd | Judgment Enforcement Service

If any debtor (defendant) fails to respond to the claim form , the creditor (Claimant) can obtain JUDGMENT against the debtor. However, unfortunately, the JUDGMENT itself does not produce any money. It is only by obtaining a Court Order that creditors can reclaim moneys owed through the requirement of the defendant to make payment to the claimant. Having obtained a JUDGMENT against a debtor, Legalitum can advise on how the JUDGMENT could and should be enforced.

Unfortunately, JUDGMENTS are not automatically enforced by the Courts. Instead, the Courts have developed numerous processes that are designed to help unpaid creditors enforce them.

Oral Examination for your debtor:
If a creditor has a lack of financial information about any debtor that they are obtaining a JUDGMENT against, they can obtain a Court Order that requires the debtor to attend Court where they will be required to answer questions about their assets, liabilities, income and expenditure. This is known as an oral examination; when completed, it will enable a creditor to make informed decisions about which of the various methods of enforcement should be used. The prospect of having to attend Court is often enough to make a debtor to rectify their outstanding payments, or at least, enter into negotiations.

Bailiffs:
If the debtor is a business, it is likely that they will own assets that are used for the purposes of that business. If the debtor is a person, it is likely that they may own personal property.
If you can determine that your debtor has assets, bailiffs can be instructed (by the issue of a Warrant of Execution) to seize those assets and sell them at auction so that the outstanding debt can be paid. Court fees range from £35 to £55.

High Court Enforcement Officer (H.C.E.O):
Worth considering using these if the debt is for more than a £1000. The Bailiffs have no vested interest in whether or not any given debt is recovered, whereas a HCEO has: they are entitled to recover their enforcement charges from the debtor. Their full enforcement fees can be as much as 10% of the debt in certain circumstances. They have extra powers too. They can, for example, force entry into business premises - though not a private residence. They also work relatively quickly. It is usual to expect action from them and a report within 14 days. NB: Sadly, there are no fixed fees here. Abortive fees are payable in the event of any non collection. For more information, you can of course call us on 0845 330 0237 - quoting 'enforcement'.

Charging Orders:
If the debtor owns land or buildings, the Court can impose a charge (analogous to a mortgage) on the debtor's property to secure payment of the amount payable, so long as there is sufficient equity in the property.£55 court fee payable to HMCS.

Attachment of Earnings Orders:
If the debtor is an individual and is in permanent employment, the Court can make an Order directed at your debtor's employer, instructing the employer to make periodic deductions from the debtor's earnings and pay them to the Court so that some of the debtor's earnings can be made available to creditors. £65 court fee payable to HMCS.

Third Party Debt Orders:
If the debtor is owed money, a Court Order can be obtained that requires the company/individual that owes money to your debtor, to instead, pay that money directly to you.
These companies or individuals that may have outstanding sums owed to your debtor can include Institutions that are holding money for your debtor, such as Banks and Building Societies and it is therefore, worthwhile obtaining your debtor's bank details. £55 court fee payable to HMCS.

Statutory Demands:
When a JUDGMENT has been obtained and the debtor is slow at paying, there is an option that enables creditors to arrange for the service of a 'statutory demand'. This formal document allows 21 days for full payment to be made and states that if it is not paid within that 21 day period, the debtor will be committing "an act of Bankruptcy" (individuals/partnership) or "an act of Liquidation" (limited companies). This entitles the creditor to present a bankruptcy petition (individuals/partnership) or a winding up petition (limited companies). The statutory Demand can be the most effective method of obtaining the outstanding payment because the consequences of failure to pay can be terminal. The document can be produced by Legalitum without charge within the terms of your subscription. However, all statutory demands need to be served personally on the debtor to be effective. Therefore a service fee of £100 plus vat is payable in advance to Legalitum in any case where Legalitum is instructed to arrange service of the same.