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Enforcement Options

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Lawdit Solicitors - Expert Author

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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 employer.

(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 (riyaz.jariwalla@lawdit.co.uk) is a solicitor who specialises in intellectual property law and commercial litigation.


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2011-06-02 12:11:27 in Legal Articles

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