How to enforce a Judgement.

[Guest Zooman]

I always get PMs asking what the next step is once they get judgement against the defendant, will the next step is to get paid.

 

So I have written a brief HOW TO on how to get your money.

 

There is 3 ways to quickly get your money and I will outline each one below, but I would advice before you start any enforcement action you send the letter below.

 

Dear Sir/Madam,

Re: Claim # ABC12345DE

 

I have now obtained judgement (copy enclosed) in the above claim, for £1,000 plus (detail as judgement form says) total £1,150 payable forthwith.

 

I am writing to inform you clearly that if I have not received the money in full by Midday Friday 1th February (7 days) I will takes step to enforce the judgement, this will add considerable costs to the amount payable and may interfere with your ability to obtain credit.

 

The enforcement action taking place will be one of the following:

• A warrant of execution
  
• An attachment of earnings order
  
• A third party debt order
  
• A charging order
  
• A Statutory Demand will be served
  
• A writ of Fi Fa issued.

If you wish to discuss the matter I urge you to contact myself without delay as no further warning will be given before enforcement commences.

Yours XXX,

 

 

XXXXXXXXXXXXXXXXX

 

Below I will detail what each of your options are and any common mistakes/pitfalls.

 

Most of the information it taken form the courts own advice with a bit of personal experience chucked in with it just collected into one place.

[Guest Zooman]

A warrant of execution

 

You can ask the county court bailiff to try to get back any amount up to £5,000. You cannot ask the county court to issue a warrant for more than this, but you can transfer your judgment to the High Court. See A writ of Fi Fa.

 

If you want to issue a warrant in the county court, you will need Form N323 (request to issue a warrant of execution). You can also get this form free of charge from any county court office. If you started your claim using Money Claim Online you can submit a request for a warrant of execution online. Log on to www.moneyclaim.gov.uk for further information.

 

The diagram below gives information about how to fill in the form.

 

 

 

 

The fees (as of February 2007)

 

 

To issue a warrant of execution to recover a sum of money:

where the sum to be recovered is not more than £125 = £35

 

 

where the sum to be recovered is more than £125 = £55

 

 

To issue a warrant of delivery of goods £95

 

 

To reissue a warrant of execution or delivery at a new address, except for a further attempt at enforcement following suspension £25.

 

 

To issue a warrant for recovery of a property/land (possession) £95

 

Where a warrant of delivery of goods or for recovery of a property/land also includes a claim for money, no additional fee is payable.

[Guest Zooman]

writ of Fi Fa

 

A writ of fi fa (short for the Latin term fieri facias) is the High Court equivalent of a warrant of execution. It is an order to the Authorised High Court Enforcement Officer to seize and sell goods.

 

A writ of fi fa can only be issued for the full amount of the judgment debt, and must be for at least £600.00.

 

Authorised High Court Enforcement Officers operate differently from county court bailiffs as the following illustrates.

 

County court bailiff Authorised High Court Enforcement OfficerWill tell the judgment debtor in advance of their intention to levy No notice is givenAttends 10am - 4pm on weekdays onlyWill make at least 3 attempts to contact the judgment debtor, including early and late visits on any day of the weekA fee of £20 (fee 12.2) is payable if the warrant of execution is to be executed at a new addressWill pursue the debtor at other addresses within the county boundary at no extra cost. The Authorised High Court Enforcement Officer can force entry into commercial properties, including shopsIs a salaried public sector employeeIs in the private sector and paid by resultsCan only execute a warrant for up to £5000Writs of fi fa have no limit

[Guest Zooman]

post 3

[Guest Zooman]

post 4

[Guest Zooman]

post 5

[Guest Zooman]

post 6

[Guest Zooman]

post 7 and end

[no2abbey]

if the bank refuses to honour the payment of a jdgement and now wants to set the judgement aside. what happens now. amount £6999.00

[no2abbey]

what do i do if the bank will not pay the judgement which was awarded. has been 2 weeks now. amount £6999.00

abbey national

[mummybird]

I'm so glad to be back in this forum after being denied access for several days. Thank you so much for all your advice - will look forward to making a donation when Braclays pay up.

By the way do they send a cheque or pay into your account?