Enforcement
We are lawyers that specialise in recovering unpaid debts from individuals or companies so we know the best way to get your unpaid debts paid up quickly on a no win no fee basis subject to conditions. This may involve Insolvency or Litigation proceedings.
At Chaseside Solicitors, we specialise in debt recovery and have a proven track record of assisting clients in successfully reclaiming their owed funds. Our dedicated team combines legal expertise with a deep understanding of financial matters, allowing us to provide comprehensive debt recovery solutions that prioritise your interests.
We assess the prospects of your case, provide strategic legal advice during your initial consultation, and strive for the best legal outcomes. Interested in our assessment of your case? Click below or contact our London-based lawyers.
- Requesting the debtor to voluntarily disclose a list of their assets.
- Consulting the Insolvency Register to ascertain if the debtor has been declared bankrupt.
- Conducting a land registry search to confirm whether the debtor owns the address recorded for them.
- Searching Companies House to determine if the debtor’s company possesses any assets or has been liquidated.
- Engaging an inquiry agent.
- Conducting an internet search to explore any additional information available on the debtor.
What are the various methods for enforcing a judgment debt?
Our expert insolvency team will guide you on the most effective approach to seek redress from a judgment debtor. For instance, if you are owed more than £5,000 by an individual, a bankruptcy petition can be filed. Similarly, if the debt exceeds £750, a winding-up petition can be initiated. However, before taking such actions, it may be necessary to serve a statutory demand.
Under certain conditions, determining whether the debtor possesses assets within the jurisdiction to enforce the judgment debt can pose challenges. In such instances, the Court can be petitioned to summon the debtor to appear in court for interrogation, compelling them to disclose evidence of assets and income. Subsequently, the creditor will have a stronger position and clarity on which properties or assets can be pursued to secure debt repayment.
An attachment of earnings order is a legal directive issued by a court that requires an employer to deduct a portion of a debtor’s earnings from their wages or salary and pay it directly to the creditor to satisfy a debt. This mechanism is typically used when a debtor fails to repay a debt voluntarily and legal action is taken against them. The amount deducted is determined by the court based on the debtor’s income and financial circumstances, and it continues until the debt is fully repaid or until the court orders otherwise.
A charging order is a legal mechanism that places a charge or lien on a debtor’s property, in order to secure the repayment of a debt. This means that if the debtor sells the property, the proceeds from the sale must first be used to satisfy the debt secured by the charging order before the debtor receives any funds. Charging orders are often used as a means of enforcing judgments or securing debts owed to creditors.
A third-party debt order is a legal mechanism that allows a creditor to recover a debt owed to them by obtaining funds from a third party who holds money on behalf of the debtor. This typically involves freezing the debtor’s bank account or intercepting payments owed to the debtor, such as salary or rental income, and redirecting them to the creditor to satisfy the outstanding debt.
If the judgment debtor possesses valuable goods that can be used to settle the debt, one enforcement method involves the creditor gaining control of these assets. This can be accomplished by requesting a writ of control from the High Court or a warrant of control from the County Court. These court orders empower enforcement officers to seize the debtor’s assets and sell them to generate funds to pay off the judgment debt.
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