If your debtor refuses to comply with a Judgment or Order of the Court then there are a number of options available for you to enforce this against them. More than one method can be used at the same time.
This is the most common method of enforcement as it simply requires filing the correct documents at Court with a fee. The Court then serves instructions on a sheriff or bailiff to seize goods. The sheriff’s office or bailiffs can seize sufficient goods or money from the debtor’s home or business premises to satisfy the debt plus the costs of enforcement. It is affected through a Warrant or Writ of Execution or through a Writ of Fieri Facias.
If the debtor is an individual then entry must be done lawfully, which means that doors and windows cannot be broken or pushed open. Where the debtor is a company the rules are more relaxed and the sheriff or bailiff is allowed to force entry. Not all goods can be seized, for example, items of equipment necessary for the debtor’s employment, business or vocation cannot be taken nor can personal belongings, such as clothing, which are necessary for basic domestic needs.
The debtor is entitled to make proposals for payment to the sheriff or bailiff and they can enter into an agreement with a responsible person in the house that the goods will remain with the debtor until payment is made.
Often the threat of sale is sufficient to make the debtor pay however if the debt is not settled the goods are sold at public auction. To be effective the debtor must have sufficient goods to cover the cost of the debt and the auction. The costs of the auction and the sheriff or bailiff’s fees will be taken out of the amount recovered first. It should also be borne in mind that a debtor can transfer or move their assets making enforcement more difficult.
If you are owed money by debtors and need help in claiming the money that is rightfully yours, then give us a call on 01604 828282 or fill out our online contact form. Our experienced debt recovery team are here to help.
