Suing for businesses question:

I have judgment in my favour of £25,000 but how can I enforce it?

posted in Suing for businesses | 1 response

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Good Lawyer Guide's response

This depends on the nature and financial situation of the debtor against who judgment was entered. If the debtor is a company you could commence winding up proceedings or instruct the High Court enforcement officer who will enforce the judgment for you. If it is an individual, there are various orders that can be made to enforce the judgment such as a Charging Order, where the debt is secured against property, or an Attachment of Earnings Order where payment is directly deducted by the employer.

If the debtor doesn’t have his own assets or capital to pay up but is himself owed money, there are ‘Garnishee’ proceedings can be issued. This enables you to get money directly from the third party. If the debtor is an individual with no realistic prospect of having the funds to discharge his debt to you, you may have to consider starting bankruptcy proceedings in an attempt to get your money, but there is no guarantee you will ever get see a penny.