Once you’ve secured a judgment in a debt recovery matter, the next step is deciding how to enforce it. There isn’t a one-size-fits-all approach, different methods vary in cost, time and how much pressure they put on the debtor. Below, we’ve outlined the main options to help you understand what might work best in your situation.
Before exploring these, it’s important to note that enforcement cannot take place if the debtor is in ‘Breathing Space’. This scheme temporarily protects individuals from creditor action, meaning you’ll need to wait until it ends before taking things further.
County Court Bailiffs
If you’re owed less than £5,000, you can ask the County Court to send bailiffs to collect the debt. This is known as a ‘warrant of control’. The bailiff will give the debtor seven days to pay. If they don’t, the bailiff may visit their home or business to identify items that could be sold to recover the money owed.
High Court Enforcement (HCE)
For debts of £600 or more, High Court Enforcement Officers (HCEOs) can be instructed to enforce a High Court judgment using a Writ (of control, delivery or possession). If you need help with this, our team at Lamb Brooks can liaise with trusted officers on your behalf to keep things straightforward and efficient.
Attachment to Earnings
With this option, the debtor’s employer deducts money directly from their wages and pays it to you. It’s a less confrontational route, but it can take longer depending on how much the debtor earns and how much is owed. If you need a quick resolution, this may not be the most suitable choice.
Charging order
A charging order places a charge on the debtor’s property or land. When the property is eventually sold, your debt will be paid out from the proceeds before the debtor receives their share. This method is usually used when other routes haven’t worked. It’s slower but generally less hostile.
Third Party Debt Order
Third party debt orders freeze money held by a debtor in a bank, building society, or business account. Once the funds are frozen, the court decides whether they should be released to you. This option can be effective if the debtor has available funds, but the outcome depends heavily on the court’s decision, and it may feel more aggressive from the debtor’s perspective.
Statutory demand
A statutory demand can be issued for debts under six years old, and you don’t need legal advice to serve one (although it is often helpful). Once served, the debtor has 21 days to pay or reach an agreement. If they ignore it, you may be able to apply for bankruptcy or wind up their company. However, insolvency proceedings can be costly, so this step should be considered carefully.
Order to obtain information
With this option, the court orders the debtor to attend and provide detailed information about their finances under oath. While it won’t directly recover your money, it helps you understand the debtor’s assets and income so you can choose the most effective enforcement method. Court delays mean this process can take weeks or even months.
If you’d like guidance on the best enforcement route or need support starting the process, our litigation team at Lamb Brooks is here to help. We have extensive experience in debt recovery and can advise you every step of the way.
Give us a call on 01256 844888 or email us enquiries@lambbrooks.com to discuss your case.