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Oral Examination
An Oral Examination Order is that the Defendant attend Court, and provide under Oath details of his income, capital and savings, and detail of his outgoings. It will be useful from this information to decide what further enforcement action should be taken.
Application for an Oral Examination is made on Form N316 which is lodged at Court with the appropriate fee. The Court will them send an Affidavit or Questionnaire to the Defendant together with an Order to attend Court. When the Defendant attends Court, he will be questioned by a District Judge or authorized Officer of the Court. You have the right to attend if you wish, or may write into Court with any information you have, or questions you wish to put.
Should the Defendant not cooperate, either by refusing to attend the Oral Examination, or not answering questions, a penal notice can be applied to the Order. Continuing refusal would the be a contempt of Court, leading to imprisonment.
If you did not attend Court, you will be informed by the Court of the information provided.
Warrant of Execution
A Warrent of Execution is an Order that the Court Bailiffs collect the judgment debt under the special powers they are awarded. Application is on Form N325 with the appropriate fee.
Court Bailiffs may enter a debtors home or business premises and seize items they find for sale by public auction to pay the debt. Often they will agree a scheme of payment by installments, secured by an agreement that the Bailiff will not remove the ‘seized’ items so long as payments are made, and that the debtor agrees likewise not to dispose of them until the debt is satisfied.
There are certain items which the Bailiff can not seize, such as tools of the trade and essential personal items such as clothing bedding, and some furniture. The Bailiff can not enter a property by force.
Attachment of Earnings Order
When a debtor is in employment, an attachment of earnings order can be obtained to require his employer to deduct a certain amount each week or month, and pay it to you in reduction of the debt. Application is on Form N337 together with the Court fee and a statement confirming the amount unpaid.
A Hearing date will be fixed, and notice sent to the Defendant. So long as the Judge is satisfied that the debt remains outstanding and that the Defendant is in employment an Order will be made. However part of the earnings will be ‘protected’, for essential living expenses, and the Court will decide how much can be deducted under the Order
Charging Order
This process allows a person who is owed money under a judgment to secure his debt by registering the amount as a Charge against property owned by the Debtor. Application is on Form N379 which is filed with the Court fee and a sworn affidavit setting out the amount owed, the property owned by the debtor. Other Charges and interests which affect the property, and often a copy of a Land Registry search against the property.
On receiving the application, the Court will make a temporary Order, a Charging Order Nisi, and fix a Hearing date. At the Hearing, the debtor and any other persons with an interest in the property may make representations. Providing any other legitimate interest are not prejudiced, the Court could be expected to make the Charging Order Absolute.
Once the Order is absolute, you may then apply for the property to be sold. Application is on Form with the fee. It is also necessary to file a supporting affidavit confirming that the debt is still outstanding, and the probable value of the property.
A further Hearing date is fixed. The Court will consider the amount that would be realized by a sale, and the effect upon other persons, especially children, living in the property. Where there are young children who would be adversely affected by a sale, or there is a realistic prospect of the debtor making payment, a sale is likely to be delayed for a set period.
Alternative methods of Enforcement
Bankruptcy. Consider serving a statutory demand.
