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The Enforceability of County Court Judgments


Prior to the issuing of proceedings you must think carefully about the financial stability of the defendant.  Whilst you may succeed in law will you be in a position to enforce a Judgment?  Below are examples of the types of enforcement options available (This is not an exhaustive list).

·         The most common option is to instruct a County Court Bailiff or High Court Enforcement Officer.  In simple terms the Bailiff or Enforcement Officer attends the Defendant’s home or business and take goods (there are some exceptions to the type of goods that can be seized) to the value of the debt.  Those goods are then sold at auction.

·         An attachment of earnings order is an order which requires the Defendant’s employer to make an automatic deduction from the Defendant’s wages until the debt is paid in full.  The benefit here is that you do not need to rely on the Defendant making payments. 

·         A charging order over the Defendant’s assets to prevent the Defendant from selling his assets.

For more information please contact Claire Bentick at Claire.Bentick@smesolicitors.co.uk

Added: 02 Nov 2016 12:55


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