How will a judgment be enforced against me, or how do I enforce a judgment in my favour?

Before starting a claim, you need to consider whether the potential defendant will be able to fulfil a judgment (if they have the means to pay the settlement). If they can’t, you could achieve moral and legal victory but be left with no financial recompense and a substantial legal bill.

Obtained court judgment is usually immediately effective, and the debtor must comply with its orders. Unless the judgment states that a payment should be paid ‘forthwith’, the debtor is given a reasonable period in which to pay.

If it becomes necessary to have the judgment enforced, there are several different methods that it can be used. You are required to ask the court to do this: it will not issue an enforcement automatically. You must choose what you believe is the most effective method of enforcement. Thus, further legal advice may be necessary.

Some examples of court enforcement include:

• Warrant of execution – a warrant gives High Court enforcement officers or county court bailiffs the power to confiscate goods from the defendant, usually from their home or business. However, there are regulations on the types of goods that can be taken, and anything sold at auction will achieve a fraction of its original value. You must also be very wary of the High Court enforcement officers costs.
• Attachment of earnings order – an order is sent to the debtor’s employer authorising the deduction of a certain amount from each of the debtor’s pay cheques. The money goes to a collection office before it is sent to the creditor.
• Third-party debt order – this is used when it is known that the debtor has the cash or other assets but refuses to pay. The issue of a third-party debt order prevents them from removing cash from their bank account or building society and authorises their bank, building society or other third party to pay the creditor money directly from the debtor’s account. This order can also be issued to anyone who is in debt to the debtor.
• Charging order – this ensures the Judgment is secured against one of the debtor’s assets, usually a house. If the debtor does not pay then it may be possible to get an order that their property be sold to repay the judgment debt.
• Bankruptcy – if the amount owed by the debtor exceeds £5000, the creditor may apply to make the debtor bankrupt. If it is a company and the debt exceeds £750 then a winding up petition may be appropriate. However, great care should be taken to ensure there is no dispute or crossclaim.