Debt Enforcement

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Standard Enforcement

There are a number of enforcement options you can take to recover your debt once our debt collection team has obtained a judgment for you on your behalf:

Warrant/Writ of Control

Debt Value less than £600

Once our debt recovery team has obtained a judgment for you in the sum of £600 or less, we can make an application for a warrant of control. This warrant instructs a County Court Bailiff to attend the debtor's premises to seize and sell at auction goods to the value of the judgment. There are strict rules that govern the Bailiffs power to seize goods.

Debt value more than £600

Once we have obtained a judgment for you in the sum of more than £600 we will instruct the sheriffs to transfer the judgment up to the High Court to obtain a writ of control. This writ allows the enforcement officer to seize and sell at auction goods to the value of the judgment. There are also strict rules governing the sheriffs. Should the enforcement officer be successful at obtaining payment or an instalment proposal then they will deduct their fees from the amount recovered. These fees are set at a specific level and are payable by the debtor. The sheriffs have to retain the monies for 14 days and then it will be sent to us. Should the enforcement officer be unsuccessful you are liable to pay an abortive fee of £75 plus VAT.

A Statutory Demand

A statutory demand is a written demand for the payment of a debt. The Demand warns the debtor that if the debt remains unpaid after 21 days from the date of service then a Bankruptcy or Winding-up Petition can be presented.

What are the criteria for a Statutory Demand?

  • The debtor has to be a resident/carrying on business in England or Wales for us to prepare a statutory demand
  • The debt value has to be above £750 for companies and above £5,000 for individuals

Optional enforcement

There are a number of optional enforcement actions that our debt recovery team offers, which do not fall within our 'no recovery no fee service,' rather they are charged in accordance with our debt collection fixed fees.

Charging Order

This is an application to place a charge on the Debtor's property. If an order is made this will be registered with the Land Registry and the property cannot be sold without you being paid. Once an order is made, depending on the value of the debt, an application for an order for sale can be made.

Attachment of Earnings

This is an application for an order that a proportion of the debtor's earnings are deducted from their wages by their employer and paid to you until the debt is paid in full.

Third Party Debt Order

This is an application for an order that monies belonging to a judgment debtor that are in the hands of a third party, usually a bank are frozen and seized to cover the judgment awarded on your behalf.

Order to Obtain Information

This is an application for an order that the debtor attends court to provide information. The order may require the judgment debtor to attend court or if the judgment debtor is a company or other corporation an officer of that body. This information can then be used to enforce the judgment obtained for your benefit. The debtor may be questioned about their means, assets, employer, bank account details etc. The questions are to be answered by the debtor under oath.

If you would like to speak to our highly qualified commercial debt recovery team then contact us on 0800 689 4176 or email us on forbescollect@forbessolicitors.co.uk.

Forbes Collect - debt recovery made easy

12 Dec 2017

Forbes Collect

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