Debt collection enforcement
Once you have received a court order against your debtor, the verdict will still have to be executed. This is also known as enforcement, whereby the payment of your invoice will be retrieved. In many cases, the most suitable form of enforcement is dependent on the amount of the unpaid invoice and the complexity of your case. Our debt recovery specialists and lawyers not only help you obtain an official verdict but also ensure that you receive the payment.
Enforcing a judgment
Within the debt collection industry, there are several key players who have access to different resources. These include a bailiff, which can either be a debt collection agent, a sheriff, or a debt recovery solicitor.
Bailiffs are instructed to retrieve the claimed amounts on behalf of either a creditor or the court. There are two types of bailiffs who have different degrees of power, known as the debt collector and the high court enforcement officer (HCEO).
A debt collector is an individual who works for a debt collection agency and has been employed by the creditor to collect assets equal to the value of the debt. Debt collectors do not have the right to enter premises, commercial or residential and they cannot force entry. Debt collectors are hired by creditors and as such do not carry the same powers as HCEOs. Because debt collectors are not acting on behalf of the courts, but are instead hired privately through a creditor, their powers are very limited. A debt collector can only collect debts below £600.00.
High court enforcement officers (HCEO), formerly known as sheriffs, are officials acting on behalf of the court and appointed by the Ministry of Justice. They have the ability to enforce orders from the High Court such as count court judgments over £600.00.
Advantages when hiring our debt collection lawyers
- We take care of the entire process: from initiating legal proceedings to executing the verdict
- Extensive knowledge and experience with the enforcement of judgments
- Proceed immediately once a judgment has been made
- Retrieve the payment that you are entitled to in a timely manner.
Which enforcement measures are available?
In the UK our debt collection specialists and lawyers have several resources at their disposal to retrieve your payment after a court hearing. The enforcement of such debt collection measures is case-dependent, however, our debt collection lawyers will always advise on the most appropriate method for your legal debt collection case.
Third-Party Debt Order
The third party is also known as a garnishee order, whereby under a Court Order your debtor’s bank account and assets are frozen.
Attachment of earnings
The income of your debtor is paid directly to you as the creditor. This means that a proportion of your debtor’s salary is deducted on a weekly or monthly basis. Specific conditions do apply, which is why it is best to contact a lawyer for more details.
This form of enforcement is applicable to the property your debtor owns. Essentially your debtor’s property is seized, however, this can become a lengthy procedure with more legal matters involved.
Both the creditor and the debtor will be requested to appear in court. Both parties will be able to defend their cases, after which the judge will reach a verdict.
Winding up petition
Also known as compulsory liquidation, the winding-up petition is for unpaid invoices with a value of more than £750. Hereby, you request the court to liquidate the company through a creditor.
Our debt collection procedure
Do you have an unpaid invoice for which legal enforcement is necessary? Our debt collection specialists have the available resources to enforce a judgment. Whether the court verdict includes a third-party debt order, attachment of hearings of charging order, court summons, or a winding-up petition, our debt collection solicitors can assist and retrieve your payment.