So you have been through the small claims process, either as a claimant or a defendant, and you have won a court judgement. The other side was ordered to pay your costs but they have not done so in accordance with the order. You are probably wondering whether there is anything you can do.
The good news is that there are several options available to you in order to enforce the judgement. However, you should bear in mind that it will cost you more time and money, as you will have to go back to court to enforce the judgement.
Initially you can ask the court to order the debtor to provide evidence of their income and spending if they are an individual, or to provide details of the accounts if the debtor is a limited company. You can then weigh up your options from there, with this blog aiming to provide you with a brief overview of said options.
- Warrant of Execution
This is the most common way to enforce a judgement, which usually involves asking the court to use bailiffs or enforcement officers. They will aim to collect the money owed to you within seven days, and if the debt is not paid within that timescale, the bailiffs or enforcement officers will visit the other side and potentially seize goods to satisfy the debt.
In order to do so, you will need to pay a fee of £110 to the court and complete the N323 Form. Additionally, if the bailiffs or enforcement officers have to resort to seizing goods to satisfy the debt and are unable to do so, you may be required to reissue the warrant by completing the N445 Form and paying an additional fee of £121.
- Winding up Proceedings
If your debt is owed by a limited company and it is unable to pay the debt, you can order the court to issue winding up proceedings against it. The purpose of this is to try and close down the company on the basis that it cannot meet its liabilities.
However, in order to be able to wind up a limited company, your debt must exceed £750 and you must prove that the company cannot afford to pay you.
A fee of £280 is payable to the court to issue winding up proceedings against a limited company, and you will need to pay a £1,600 deposit to manage the liquidation of the company.
- Charging Orders
The court can place a charge over the debtor’s assets to prevent the debtor from selling them without satisfying the debt, and potentially force the sale of such assets in order to repay the debt. Charging orders are typically applicable to land or property.
You will be required to complete the N379 Form.
- Third Party Debt Order
These orders enable to court to freeze money held in the debtor’s bank accounts, and they are applicable against both individuals and companies. The court will determine whether the funds in the accounts in question are eligible to satisfy the debt.
You will need to complete the N349 From and pay a court fee of £110, which is added to your debt.
- Attachment of Earnings
If the debtor is an employee, you can request the court to send an attachment of earnings order to their employer. The employer will then be required to deduct a proportion of the employee’s wages until the debt is paid. The employer will then make such payments to you.
You will be required to fill in the N337 Form and pay a £100 court fee, which will be added to the debt owed.
If you are looking to enforce a Small Claims Court judgement and you would like some initial advice on your specific circumstances, do get in touch as we may be able to offer you a fixed fee appointment for you to discuss matters with one of our dispute resolution solicitors. You can do so by calling 0845 543 5700 or contact us.