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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3652
Experience:  Solicitors 2 years plus PQE
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I wish to enforce a County Court Order that has not been

Customer Question

I wish to enforce a County Court Order that has not been paid. What should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. You have various options open to you:

(i) Issue a statutory demand - this is an inexpensive method of enforcement, it will massive pressure on the debtor as you will be able to file for his/her bankruptcy (or liquidation if its a company after 21 days). Serving this form is essentially free.

​The disadvantage is if the debtor does not respond, you would have to consider petitioning for bankruptcy (or winding up), this is in itself and expensive process.

(ii) You can apply to court for a writ of execution. This will send court appointed bailiffs to the debtors address to recover and sell and goods or possessions to repay the debt. It has its limitations (i.e does not include tools for business or things the debtor does not own). This is a short application to court (no hearing) and requires a small fee to be paid which can be added to the debt;

(iii) Attachment of earnings order- if the individual is based in this country and is employed (not self employed), you could seek an order to have their employer pay part of their salary to you. This also has limitations for example you cannot use it on someone in the armed forces for example.

(iv) Charging Order - if you know the debtor owns their own home or property you can apply for a charging order to secure the debt against their property. You can then potentially seek an order for sale.

How much money are you owed?

Customer: replied 1 year ago.
Hi, thanks for the response. I'm applying on behalf of a family member. Please wait whilst I check the details
Customer: replied 1 year ago.
Ok, the total sum is £2.267.80
Customer: replied 1 year ago.
Hi, is there anyone responding to this?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. My apologies, I am here. For that sum of money you have the power to petition for bankruptcy if they do not pay. It is also likely that you may be able to recover this in possessions held at the persons home, so bailiffs maybe the way to go. What information do you have on the debtor? Kind regards AJ

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Customer: replied 1 year ago.
The debtor is a company for whom my client worked. Their details are as follows:Registered office:*****Christchurch
BH23 2AW
Registered no: (###) ###-####
VAT no: (###) ###-####23
Registered memberships: Federation of Small Businesses and TEAM
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Do you think they have any stock or anything worth taking from the office. As the debtor is a company a statutory demand or the bailiffs are likely your best options. Is the company in any financial trouble?

Customer: replied 1 year ago.
Hi, many apologies for the tardy reply. The company claims to have no money. My family member has decided to engage the services of the High Court Enforcement Officers. Many thanks for your assistance.
Expert:  Alex J. replied 1 year ago.

Hi thank you. If I can assist any further please do not hesitate to contact me. Kind regards AJ