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LITIGATION AND ENFORCEMENT

 

Litigation 

With most litigation performed in-house we can often avoid the cost of employing a solicitor or barrister. Over 80% of legal action is dealt with by the County Courts. Most debts are relatively straight forward and do not justify the costs and expenses of solicitors.

 

Methods of Enforcement

 

Bailiffs

There are more than one type of bailiff and they each have different powers.  Which one you use depends on what type of debt you have and in which court the judgment was awarded.

 

Charging Orders

These are usually effective for people who have assets. A charging order on a property is also effective with members of the general public. With commercial debts you can can ask the court to divert funds owed to your debtor by his creditors.

 

Attachment of Earnings

Also effective against the general public.

 

Garnishee Order

You can ask the court for an order to debit your debtors bank account. 

 

Oral Examination

Not really a method of enforcement but it can force a debtor into court to explain why they haven't paid the judgment.  If the debtor does not turn up for the examination it is possible that they may be arrested and taken to prison for contempt of court.

 

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