Taking control of goods using writs and warrants of control.
Taking control of goods can be one of the quickest ways of enforcing a judgment and therefore it has become a very popular method more recently. The first step would be to issue either a writ of control in the High Court or a warrant of control in the County Court. These then permit an enforcement officer to start the process of taking possession and selling the debtor’s goods. It should be noted however that the value of the goods need to be of a significant value for the officer to raise funds to satisfy a judgment debt and any other enforcement costs. There are also a number of items that an enforcement officer cannot take, such as tools of the trade or goods purchased with credit / finance.
Attachment of Earnings
Another inexpensive and fairly straightforward way of enforcing a judgment is an attachment of earnings order which requires an employer to make payment of sums it owes to the debtor to a third party. This is likely to be payments by instalments rather than a lump sum. The instalment amount depends on the salary of the debtor and his other circumstances. This method of enforcement is likely to work where the debtor is employed and details of his employment are known.
There are various enforcement options available to a creditor. The size of the judgment debt, the length of time and the costs of enforcement are likely to be the main considerations for the creditor. Should the creditor be in any doubt which enforcement option to choose, he / she may wish to obtain professional advice from a solicitor.
Karen Bright is a Partner at Bishop & Sewell, Dispute Resolution Team.
If you are concerned about which enforcement option is right for you, then please call the Litigation Department on 020 7631 4141 or visit Bishop & Sewell’s website.
