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24 May 2011
The court will not enforce the European Enforcement Order ("EEO") (how
to get an EEO is dealt with in a seperate article) unless we seek the
court's permisison. This step requires you to consider which method you
would like to pursue to recover your monies. On the basis that the
judgment debtors are individuals, the following are the 5 main options
we propose you consider:
(1) a warrant of execution via Bailiffs/High court enforcement officers;
(2) an attachment of earnings order;
(3) a third party debt order;
(4) a charging order; or
(5) bankruptcy petition.
(1) Bailiffs/High court enforcement officers are officers of the court,
equipped with the power to enter the property of the debtor and to
seize goods up to the value of the debt. The goods are sold and the
money realised and then used to settle any judgment debt.
(2) Attachment of earnings, is where a judgment debtor is employed, but
has no other substantial assets. The court will order the employer to
pay a percentage of the debtor’s earnings to the creditor before the
debtor's salary is paid into his/her bank account.
(3) Third party debt orders have the effect of transferring a debt
payable by a third party to the judgment debtor into an obligation to
pay the debt to the judgment creditor instead. Third party debt orders
are an effective method of enforcement where the debt to be attached is
owed by a responsible body, such as a bank or building society or an
(4) Charging orders are registered against the title of the property of
the debtor for securing (long term) the payment of any money due or to
become due under the judgment.
(5) Bankruptcy is an option that can be very effective but is
expensive. The client files a petition against the debtor in a
specialist bankruptcy court. Before you file a petition for bankruptcy,
you need to be sure that the debtor has realisable and sellable assets
up to the value of the EEO (judgment debt).
Riyaz Jariwalla (email@example.com) is a
solicitor who specialises in intellectual property law and commercial
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Lawdit Solicitors offer services and
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Article Published/Sorted/Amended on Scopulus 2011-06-02 12:11:27 in Legal Articles