25d • ⚖️ General discussion
⚖️💷 You’ve Won Your Case… But Haven’t Been Paid? What Next?
One important consideration before you take someone to court is are they able to pay?.
What if they have no money, no assets, or if they are a company what if they have closed down...
Winning a judgment is one thing......Getting paid is another.
This is where many people get caught out because the court does not automatically enforce payment for you. The court simply grants you a court order (in the UK this is commonly known as a CCJ / county court judgment) - if unpaid it eventually goes on the public record and the defendant's credit record (for 6 years). During this time you can enforce the CCJ in a number of ways.....
💡 If the other party doesn’t pay, you may need to take enforcement action.
🔧 Common Enforcement Methods (UK & Ireland)
🚪 Bailiffs / Enforcement Agents
You can apply for enforcement agents to attend the debtor’s property and recover payment (or seize goods).
👉 Useful if the debtor has assets
👉 Less effective if they don’t
A much more effective method - if the CCJ is for £600 or more, transfer it to the High Court. You can then instruct a High Court Enforcement Officer to attend the Defendant's premises. They have powers which allows them to seize goods (anything of value) to sell at auction. They can also force entry to premises if required....
💰 Attachment of Earnings
If the debtor is employed, money can be deducted (garnished) directly from their wages.
👉 Regular payments over time
👉 Only applies if they are in employment
It may take a long time for recovery of the funds - it depend how much they earn....
🏦 Third Party Debt Order
You may be able to recover money directly from a bank account.
👉 Freezes funds in the account
👉 Can be very effective if funds are available
However, they cannot be in an overdraft - they need their own funds (not the bank's) to claw back...
🏠 Charging Order
You can secure the debt against any property owned by the debtor.
👉 Useful for larger debts
👉 Payment usually comes when the property is sold. You could apply to court to force a sale if required.
📊 Order to Obtain Information (summons to court for questioning by a judge)
If you’re unsure about the debtor’s finances:
👉 you can require them to attend court
👉 and disclose income, assets, and financial position
If they refuse to attend - they would be held in contempt of court (a possible 2 year prison term).
⚠️ Important point
Not every method works in every situation.
👉 The key is choosing the right enforcement method based on what the debtor actually has.
💡 Practical advice
Before enforcing:
– check what assets the debtor has - there are asset tracing agencies who could help with this
– consider whether they are employed
– assess whether enforcement is cost-effective
⚖️ In many cases:
👉 a well-timed, structured letter after judgment can prompt payment without further action
🚀 Key takeaway
Winning your case is only half the battle.
👉 Enforcement is where results are actually secured.....if you are dealing with a criminal then enforcement may be impossible so do weigh up the risk as you don't want to throw good money after bad....
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⚖️💷 You’ve Won Your Case… But Haven’t Been Paid? What Next?
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