Can you explain the situation here in a little more detail please?
Thank you. You have posted in UK law. I will opt out and transfer it to Republic of Ireland law.
1. DearCustomer you are not limited to simply an instalment order should you seek to enforce your judgment in Ireland. The forms of execution are cumulative. So, whilst you may seek and get an instalment order you can also garnishee any funds in this person's bank account at the same time. You can also send in the sheriff to sell any good belonging to the judgment debtor. These methods can all be used together. You are not limited to purely one method at the one time. So, you should seek a series of remedies to remove the debtor's assets. Get discovery in aid of execution and then chose what is appropriate.
2. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.
3. You should attempt to find out if this debtor has a bank account, such as where his salary is paid and garnishee whatever amount is standing in his bank account. The Discovery in aid of execution will tell you this but you also run the risk that he will remove whatever is there before you get a garnishee order. You should be guided by your solicitor in all of this.
4. I would suggest you seek to garnishee the investments and bank accounts at the outset. At the same time, you can seek an instalment order and whatever orders attaching property, such as a judgment mortgage that you might wish. A judgment mortgage secures the judgment on a property. If there is rental income, you should garnishee the rental payment. A garnishee order is one which requires a third party, such as a tenant, to pay over the rent to the judgment holder. If you wish to garnishee a bank account, it must be done in the country where the bank account is located. An Irish court can in theory garnishee a foreign bank account but it is unlikely to do so. You should really apply in the country where the bank account is. Finally, the salary cannot be garnisheed or attached. That is why you get an instalment order.