Enforcement of Judgments
Often, people who do not instruct solicitors to handle their dispute from the outset do not realise that successfully winning a claim might not be the end of the matter.
The losing party in any litigation will have a High Court or County Court judgment against them, ordering them to pay the winner a certain sum or take certain steps to remedy the matter. However, what happens if they refuse or fail to pay or take the steps that they have been ordered to take?
Cunningtons can assist in the enforcement of High Court and County Court judgments
Enforcement options include:
- instructing bailiffs or high court enforcement officers to recover sums owing to you,
- applying for charging orders over property or shares that the judgment debtor owns,
- applying for a third party debt order against a debtor’s bank account or other monies that he is owed or
- making an application for an attachment of earnings order so that what you are owed is deducted on a monthly basis from the Defendant.
It is also possible to apply to Court to force the judgment debtor to attend Court to answer questions under oath about their ability to pay the judgment debt, ultimately leading to their committal to prison if they fail to do this.
If all else fails, we can advise you in respect of issuing a winding up petition against a judgment debtor company or bankruptcy proceedings against an individual judgment debtor.
Assisting for Debtors
We can also assist individuals and companies who have had a judgment issued against them on how to oppose any of the above enforcement applications:
- negotiating with your creditors,
- applying to Court to vary the judgment debt and
- in some circumstances applying to Court to set it aside if that judgment was wrongly entered against you.
If you require further information as to how we may help you resolve your dispute or to bring or defend a claim please click here to email us and provide brief details of your problem and we will contact you to discuss whether we can help you and, if so, how.