Enforcement Options (England and Wales)

Once Judgement has been obtained, there are a number of enforcement options which can be undertaken to recover the monies due to you. They are:

• Warrant of Execution
  This is the system in the County Court where the Bailiff attends your debtor's premises and takes possession of goods to be sold in order to satisfy the Judgement. If the debt is over £600 the matter is transferred to the High Court and a Writ of Fi-Fa is issued. This is basically the same as a Warrant, but the enforcement is by the Sheriff who is paid upon results, unlike the Bailiff, who is an employee of the Court.
  
  
• Order to Attend Court for Questioning
  This is an order by the Court, demanding that your debtor attends Court to give evidence of their means. (If your debtor is a company, a director may be ordered to attend.) As a last resort, if they fail to attend Court, they may be imprisoned.
  
  
• Attachment of Earnings
  This is an order granted by the Court to deduct monies from your debtor's salary.
  
  
• Third Party Debt Order
  This is an order by the Court demanding a third party, who owes money to your debtor, to pay you instead. This can either be your debtor's bankers or a third party who owes money to your debtor.
  
  
• Charging Orders
  This is an order by the Court securing your debt on property owned by your debtor. Once granted the property cannot be sold unless your debt is repaid. (Similar to a mortgage.)
  
  
• Statutory Demand
  A notice sent out advising your debtor that unless the debt is paid or disputed within 21 days, (s)he will be deemed to be insolvent.
  
  
• Bankruptcy
  Proceedings issued against an individual/firm to stop them trading and obtaining any further credit. Action usually taken after a Statutory Demand has been served.
  
  
• Winding Up Proceedings/Liquidation
  Basically the same as Bankruptcy, but the action is against a Limited Company or Plc.