enforcing a judgement against a company

[pop_gun]

From what i've read this seems notoriously difficult to do.

 

If we assume the company has the funds and assets to pay the judgement

though choose not to. how can i enforce it.

 

a warrant of execution is (in practical terms) useless as the court bailliff doesn't have the power

to take items a company might use to earn income.

 

attachment of earnings is applied to individuals and not companies themselves.

although aren't companies treated as entities in law?

 

orders to obtain information and third party debt orders. since the company in question

has a government mandate to collect levies from private companies. i wonder if i could

use this as a third party debt owed to my debtors?

 

a charging order. can i obtain a charging order on a mobile crane? does it have to be

property in the company's possession?

 

bankruptcy and company insolvency are too time consuming and costly.

 

p.s. under section 75 of the consumer credit act could i have the bank pay for any judgement

(including unspecified amounts\damages) awarded to me?

[pop_gun]

can someone please answer my post.

[pop_gun]

rummaging around i found what i was looking for. for anyone who maybe in a similar situation.

a statutory demand is what you need to enforce a CCJ.

[ploddertom]

If your judgment is for more than £600-00 then have it transferred up through the High Court - cost £50, a High Court Enforcement officer will then be assigned - they are more tenacious than the CC Bailiff. If they do fail then you may be due to pay an abortive fee of £60 +VAT. The HCEO does not send a letter to say he is coming but just turns up so no chance for them to hide things, he will seize goods first.

 

PT

[liquidauctions]

Winding up petition costs around £150 best way to go if its LTD

[liquidauctions]

rummaging around i found what i was looking for. for anyone who maybe in a similar situation.

a statutory demand is what you need to enforce a CCJ.

 

Stat demand is only step 1 which obtains a CCJ to enforce it the OP needs a winding up petition

[liquidauctions]

OP remember you would have to post it in London Gazette that you have issued a winding up petition so any other creditors can get a chance to come forward

[Vintage123]

I beleive you do have to make sure the company is solvent to petition the court otherwise your paying money for nothing.

 

Pop_gun, also, just to clear up something I've noticed in a couple of your postings. A companies Debtors owe the company money, as they are in debt to the company . The companies creditors owe the company money (suppliers, loan, mortgage etc), hence a creditors winding up petiton etc.

 

Basically, your debtors owe YOU money and you owe your creditors money.

Edited February 20, 2011 by Vintage123

[Ganymede]

If your judgment is for more than £600-00 then have it transferred up through the High Court - cost £50, a High Court Enforcement officer will then be assigned - they are more tenacious than the CC Bailiff. If they do fail then you may be due to pay an abortive fee of £60 +VAT. The HCEO does not send a letter to say he is coming but just turns up so no chance for them to hide things, he will seize goods first.

 

PT

 

 

 

Agreed, HCEO are they way to go in this case.