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Litigation
With litigation performed in-house we can
usually avoid the cost of employing a solicitor or barrister. Over 95%
of legal action is dealt with by the County Courts. Most debts are
relatively straight forward and do not justify the costs and expenses of
solicitors.
However, should your debtor employ a
solicitor we strongly suggest that you employ one too. In our experience
this occurs in less than 5% of cases.
Methods of Enforcement
Bailiffs
There are more than one type of bailiff and
they each have different powers. Which one you use depends on what type
of debt you have and in which court the judgment was awarded.
Charging Orders
These are usually effective for people who
have assets. A charging order on a property is also effective with
members of the general public. With commercial debts you can can ask the
court to divert funds owed to your debtor by his creditors.
Attachment of Earnings
Also effective against the general public.
Garnishee Order
You can ask the court for an order to debit
your debtors bank account.
Oral Examination
Not really a method of enforcement but it
can force a debtor into court to explain why they haven't paid the
judgment. If the debtor does not turn up for the examination it is
possible that they may be arrested and taken to prison for contempt of
court. Because an Oral Examination can turn up some useful information
it can very effective in deciding on which method of enforcement to use
where the judgment has still not be satisfied.
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