By brocs1, Mar 10 2021 11:29AM
1. Attachment of Earnings
If the creditor has a CCJ then you could apply for an Attachment of Earnings Order. This would only apply if the debtor is employed. This is a court order compelling the debtor’s employer to make a deduction from the debtor’s earnings which is then paid to the court. The amount of the deductions will depend on the debtor’s earnings taking into account the protected earnings threshold. Provided an order is made, deductions will then be made until such time as the debt is paid in full or the debtor’s employment comes to an end.
2. Charging Order
If the debtor owns a property, then you may be able to have the debt secured against the property. Once a charging order is granted by the court, this is registered at H M Land Registry to protect the creditors position should the property be sold. Once a charging order has been obtained, you can consider making an application to the court for an order for sale to determine the monies owed or alternatively allow the charge to remain on the property until such time as the property is sold. The debtor may not always have sufficient equity in the property to discharge the debt, but this is often a useful tool to use in pressurising a debtor to pay.
3. Statutory Demand
A Statutory Demand is a demand for money you are owed under a CCJ ,which states that you intend to issue Bankruptcy Proceedings against the debtor if the debt is not paid within 21 days or you fail to reach an agreement to pay. At present the bankruptcy petition minimum amount is £5,000 for an individual and the winding up petition amount is £750 for company. This is an expensive option and there is no guarantee of any return after a bankruptcy order has been made.
4. Enforcement Officer
An Enforcement Officer will attend the debtor’s property with a view to obtaining payment either by accepting payment and/or taking goods to the value of the claim to be sold at auction. An Enforcement Officer can not force entry into a residential property and therefore this option can be problematic if the debtor refuses to engage.