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.
To enforce a Judgment speedily and ensure the best method is used it is useful to know about the debtor’s financial situation. The first step is often therefore to obtain information from the debtor about their means, assets and liabilities.
Making an application for information will require the debtor to answer questions at Court about their financial status and provide relevant documentary evidence. At the hearing a Court Officer or Judge will ask a standard series of questions about the debtor’s income, employment, savings, investments, assets and any other debts. You may also ask additional specific questions if you have a particular concern or do not think everything has been covered. At the hearing the debtor will be asked if she is able to make an offer for payment.
If the debtor refuses to answer a question or lies she will be held in contempt of the Court. If the debtor fails to attend the hearing a Judge can make a committal order whereby if the debtor fails to attend on two occasions then a warrant for his/her arrest is issued. Once arrested she will be brought before the Court and invariably the committal order will be discharged
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.
