High Court Enforcement

Post by Dave
Afternoon all.
I’d like to ask how easy it is for a private individual to frustrate
efforts to enforce a County Court debt when High Court Enforcement Officers
have been engaged against them.
I (private individual) have issued proceedings against another individual
for £1000. They haven’t responded to the claim form (couple of days to go
yet).
My plan was to ask for judgement by default and then get a Writ of Control
in order to pass enforcement to High Court Enforcement Officers.
However, in reading about their powers I understand that they can’t force
entry into residential premises. If my understanding is correct, this
seemingly makes it very easy for private debtors to avoid payment.
So I suppose my question is, if somebody has identifiable assets, how easy
is it for them to avoid payment?
This person owns their own house (I know the address), owns an expensive
Mercedes which is always parked on the drive and has a pension several
times average salary (I know their bank account number).
If they are determined to obstruct me, what are my chances? Or what other
approaches could I take effectively?

With the greatest of respect, I am going to ignore the question you have
asked and answer the question you should have asked.

Rather than focussing on a specific aspect of enforcement, I would
suggest you would be well served by reading HMCTS publication EX321 aka
"What to do if a defendant doesn't pay money after a judgment". [^1]

Once you have your judgment, in legal terms, you become a "judgment
debtor" rather than just a "debtor".

Of the options available from what you say above, you could apply to the
county court for:

(1) a warrant of control and ask the Enforcement Officers to attend at a
time when you know the Mercedes will be on the premises. However, bear
in mind that the enforcement agents must give no less than seven clear
days' notice of the initial visit during which time the car may
"disappear". (Side note: Given the amount involved, despite you having
referenced High Court Enforcement Officers, I have presumed you mean
County Court Enforcement Officers hence my reference to a "Warrant of
Control" rather than a "Writ of Control". If this is not the case,
please switch the terms.)

(2) An attachment of earnings order, assuming they are employed rather
than self-employed - you didn't say. If they are self-employed, this
will not work.

(3) A Third-Party Debt Order issued to their bank. To learn more about
third-party debt orders, I recommend reading publication EX325 aka
"Third-party debt and charging orders - how do I ask for an order?" [^2]
which has a link to form N349.

Regards

S.P.

[^1]
https://www.gov.uk/government/publications/what-to-do-if-a-defendant-doesnt-pay-money-after-judgment-ex321/what-to-do-if-you-have-a-judgement-but-the-defendant-has-not-paid-ex321

[^2]
https://www.gov.uk/government/publications/third-party-debt-orders-and-charging-orders-ex325/apply-for-a-third-party-debt-order

Dave

2024-10-12 13:51:37 UTC

With the greatest of respect, I am going to ignore the question you have
asked and answer the question you should have asked.
Rather than focussing on a specific aspect of enforcement, I would
suggest you would be well served by reading HMCTS publication EX321 aka
"What to do if a defendant doesn't pay money after a judgment". [^1]
Once you have your judgment, in legal terms, you become a "judgment
debtor" rather than just a "debtor".
Of the options available from what you say above, you could apply to the
(1) a warrant of control and ask the Enforcement Officers to attend at a
time when you know the Mercedes will be on the premises. However, bear
in mind that the enforcement agents must give no less than seven clear
days' notice of the initial visit during which time the car may
"disappear". (Side note: Given the amount involved, despite you having
referenced High Court Enforcement Officers, I have presumed you mean
County Court Enforcement Officers hence my reference to a "Warrant of
Control" rather than a "Writ of Control". If this is not the case,
please switch the terms.)
(2) An attachment of earnings order, assuming they are employed rather
than self-employed - you didn't say. If they are self-employed, this
will not work.
(3) A Third-Party Debt Order issued to their bank. To learn more about
third-party debt orders, I recommend reading publication EX325 aka
"Third-party debt and charging orders - how do I ask for an order?" [^2]
which has a link to form N349.
Regards
S.P.
[^1]
https://www.gov.uk/government/publications/what-to-do-if-a-defendant-doesnt-pay-money-after-judgment-ex321/what-to-do-if-you-have-a-judgement-but-the-defendant-has-not-paid-ex321
[^2]
https://www.gov.uk/government/publications/third-party-debt-orders-and-charging-orders-ex325/apply-for-a-third-party-debt-order

Thanks Simon.

I did mean High Court Enforcement Officers as I had understood that their
powers were greater as is their success rate. That said, I will go with
greater expertise.

This individual does not work but has a substantial pension.

It seems to me that they will move the car if they know somebody is coming.
Similarly it strikes me that it is an easy matter to open a new bank
account if sanctions are applied to the existing one.

There is no doubt that they have the resources.

No need to apologise for answering a different question. The last post of
my post was in any case “What would people here do?”.

--
Dr Dave

Roger Hayter

2024-10-12 15:00:47 UTC

With the greatest of respect, I am going to ignore the question you have
asked and answer the question you should have asked.
Rather than focussing on a specific aspect of enforcement, I would
suggest you would be well served by reading HMCTS publication EX321 aka
"What to do if a defendant doesn't pay money after a judgment". [^1]
Once you have your judgment, in legal terms, you become a "judgment
debtor" rather than just a "debtor".
Of the options available from what you say above, you could apply to the
(1) a warrant of control and ask the Enforcement Officers to attend at a
time when you know the Mercedes will be on the premises. However, bear
in mind that the enforcement agents must give no less than seven clear
days' notice of the initial visit during which time the car may
"disappear". (Side note: Given the amount involved, despite you having
referenced High Court Enforcement Officers, I have presumed you mean
County Court Enforcement Officers hence my reference to a "Warrant of
Control" rather than a "Writ of Control". If this is not the case,
please switch the terms.)
(2) An attachment of earnings order, assuming they are employed rather
than self-employed - you didn't say. If they are self-employed, this
will not work.
(3) A Third-Party Debt Order issued to their bank. To learn more about
third-party debt orders, I recommend reading publication EX325 aka
"Third-party debt and charging orders - how do I ask for an order?" [^2]
which has a link to form N349.
Regards
S.P.
[^1]
https://www.gov.uk/government/publications/what-to-do-if-a-defendant-doesnt-pay-money-after-judgment-ex321/what-to-do-if-you-have-a-judgement-but-the-defendant-has-not-paid-ex321
[^2]
https://www.gov.uk/government/publications/third-party-debt-orders-and-charging-orders-ex325/apply-for-a-third-party-debt-order

Thanks Simon.
I did mean High Court Enforcement Officers as I had understood that their
powers were greater as is their success rate. That said, I will go with
greater expertise.
This individual does not work but has a substantial pension.
It seems to me that they will move the car if they know somebody is coming.
Similarly it strikes me that it is an easy matter to open a new bank
account if sanctions are applied to the existing one.
There is no doubt that they have the resources.
No need to apologise for answering a different question. The last post of
my post was in any case “What would people here do?”.

According to a random solicitor's web site, which may of course be wrong, you
can apply an attachment order to a pension, provided it is a pension derived
from employment. If you don't know who his pension provider is perhaps the
court will help, with, if you are very lucky, penal sanctions for not telling
you. This doesn't help, possibly, if his "pension" is all from private
investments.

"An attachment of earnings order may be made in respect of wages, fees,
bonuses, commission, overtime, statutory sick pay and occupational pensions
payable under a contract of service. An order cannot be made in respect of
self-employed income, state pensions, benefits or allowances"

https://www.franklins-sols.co.uk/for-business/debt-recovery-solicitors/attachment-of-earnings/

--
Roger Hayter

Dave

2024-10-12 19:14:20 UTC

Post by Roger Hayter

With the greatest of respect, I am going to ignore the question you have
asked and answer the question you should have asked.
Rather than focussing on a specific aspect of enforcement, I would
suggest you would be well served by reading HMCTS publication EX321 aka
"What to do if a defendant doesn't pay money after a judgment". [^1]
Once you have your judgment, in legal terms, you become a "judgment
debtor" rather than just a "debtor".
Of the options available from what you say above, you could apply to the
(1) a warrant of control and ask the Enforcement Officers to attend at a
time when you know the Mercedes will be on the premises. However, bear
in mind that the enforcement agents must give no less than seven clear
days' notice of the initial visit during which time the car may
"disappear". (Side note: Given the amount involved, despite you having
referenced High Court Enforcement Officers, I have presumed you mean
County Court Enforcement Officers hence my reference to a "Warrant of
Control" rather than a "Writ of Control". If this is not the case,
please switch the terms.)
(2) An attachment of earnings order, assuming they are employed rather
than self-employed - you didn't say. If they are self-employed, this
will not work.
(3) A Third-Party Debt Order issued to their bank. To learn more about
third-party debt orders, I recommend reading publication EX325 aka
"Third-party debt and charging orders - how do I ask for an order?" [^2]
which has a link to form N349.
Regards
S.P.
[^1]
https://www.gov.uk/government/publications/what-to-do-if-a-defendant-doesnt-pay-money-after-judgment-ex321/what-to-do-if-you-have-a-judgement-but-the-defendant-has-not-paid-ex321
[^2]
https://www.gov.uk/government/publications/third-party-debt-orders-and-charging-orders-ex325/apply-for-a-third-party-debt-order

Thanks Simon.
I did mean High Court Enforcement Officers as I had understood that their
powers were greater as is their success rate. That said, I will go with
greater expertise.
This individual does not work but has a substantial pension.
It seems to me that they will move the car if they know somebody is coming.
Similarly it strikes me that it is an easy matter to open a new bank
account if sanctions are applied to the existing one.
There is no doubt that they have the resources.
No need to apologise for answering a different question. The last post of
my post was in any case “What would people here do?”.

According to a random solicitor's web site, which may of course be wrong, you
can apply an attachment order to a pension, provided it is a pension derived
from employment. If you don't know who his pension provider is perhaps the
court will help, with, if you are very lucky, penal sanctions for not telling
you. This doesn't help, possibly, if his "pension" is all from private
investments.
"An attachment of earnings order may be made in respect of wages, fees,
bonuses, commission, overtime, statutory sick pay and occupational pensions
payable under a contract of service. An order cannot be made in respect of
self-employed income, state pensions, benefits or allowances"
https://www.franklins-sols.co.uk/for-business/debt-recovery-solicitors/attachment-of-earnings/

Thank you. It’s a pension from an Education Authority so should be
traceable if the courts are willing.

--
Dr Dave

2024-10-13 14:53:56 UTC

Post by Dave
Thank you. It’s a pension from an Education Authority so should be
traceable if the courts are willing.

A third party debt order against his bank accounts (which you apparently
have details of) might be an easier starting point.

Roger Hayter

2024-10-13 18:14:00 UTC

Post by GB

Post by Dave
Thank you. It’s a pension from an Education Authority so should be
traceable if the courts are willing.

A third party debt order against his bank accounts (which you apparently
have details of) might be an easier starting point.

You'd think so. But if he knows the claimant has his bank account details he
might decide to withdraw his money and place it elsewhwere. If it doesn't cost
more I suppose Dave could make both applications.

--
Roger Hayter

Dave

2024-10-13 21:17:59 UTC

Post by Roger Hayter

Post by GB

Post by Dave
Thank you. It’s a pension from an Education Authority so should be
traceable if the courts are willing.

A third party debt order against his bank accounts (which you apparently
have details of) might be an easier starting point.

Thank you all. I’ll keep the group posted.

--
Dr Dave

Simon Parker

2024-10-14 08:18:29 UTC

With the greatest of respect, I am going to ignore the question you have
asked and answer the question you should have asked.
Rather than focussing on a specific aspect of enforcement, I would
suggest you would be well served by reading HMCTS publication EX321 aka
"What to do if a defendant doesn't pay money after a judgment". [^1]
Once you have your judgment, in legal terms, you become a "judgment
debtor" rather than just a "debtor".
Of the options available from what you say above, you could apply to the
(1) a warrant of control and ask the Enforcement Officers to attend at a
time when you know the Mercedes will be on the premises. However, bear
in mind that the enforcement agents must give no less than seven clear
days' notice of the initial visit during which time the car may
"disappear". (Side note: Given the amount involved, despite you having
referenced High Court Enforcement Officers, I have presumed you mean
County Court Enforcement Officers hence my reference to a "Warrant of
Control" rather than a "Writ of Control". If this is not the case,
please switch the terms.)
(2) An attachment of earnings order, assuming they are employed rather
than self-employed - you didn't say. If they are self-employed, this
will not work.
(3) A Third-Party Debt Order issued to their bank. To learn more about
third-party debt orders, I recommend reading publication EX325 aka
"Third-party debt and charging orders - how do I ask for an order?" [^2]
which has a link to form N349.
Regards
S.P.
[^1]
https://www.gov.uk/government/publications/what-to-do-if-a-defendant-doesnt-pay-money-after-judgment-ex321/what-to-do-if-you-have-a-judgement-but-the-defendant-has-not-paid-ex321
[^2]
https://www.gov.uk/government/publications/third-party-debt-orders-and-charging-orders-ex325/apply-for-a-third-party-debt-order

Thanks Simon.
I did mean High Court Enforcement Officers as I had understood that their
powers were greater as is their success rate. That said, I will go with
greater expertise.

High Court Enforcement Officers require taking your case through the
High Court. That is not a route where I would recommend a DIY approach
and the costs incurred versus the amount owed may not make it viable.

Post by Dave
This individual does not work but has a substantial pension.
It seems to me that they will move the car if they know somebody is coming.
Similarly it strikes me that it is an easy matter to open a new bank
account if sanctions are applied to the existing one.
There is no doubt that they have the resources.
No need to apologise for answering a different question. The last post of
my post was in any case “What would people here do?”.

In that case, I recommend a different approach:

Once you have your judgment, (and have read EX321 referenced in my PP),
I recommend reading publication EX324 giving consideration to applying
for an order to obtain information from a person who owes you money, aka
an "Order to Obtain Information". [^1]

It is not part of the enforcement process but is a means of a judgment
creditor obtaining information from a debtor to help you decide whether
or not it is worth proceeding with enforcement, and if so, which method
of enforcement is most appropriate.

The debtor is ordered to attend court to be questioned under oath by a
court officer to provide details of their income (their employer's
details plus details of their wages or salary - useful for an attachment
of earnings order), details of any additional income (the pension you
mention will be detailed here), details of any property owned (house,
car, boat, caravan, etc.) plus details of bank and building society
accounts and the balances in them,

Have a look at form EX140 Record of Examination [^2] for details of the
questions the court will ask but bear in mind that you can request the
court to ask further questions beyond those on the form if it will be
useful to you to do so.

You can apply for the order any time after you have obtained judgement.
As the debtor is an individual, you need to complete form N316 [^3] and
apply to the County Court closest to the debtor's home.

The court will then draw up an order using form N39 stating the time and
date and court that the debtor must attend. A couple of notes here:
Firstly, it is your responsibility to effect personal service on the
debtor by ensuring they and handed a copy of the N39. (i.e. you cannot
post it to them, hand deliver it to their house or hand it to a spouse /
partner / child etc. You have to ensure the form is placed in their
hand and will need to swear an affidavit to this effect.) Secondly, the
judgment debtor can, within seven days of receiving the order, apply for
you to provide sufficient money to cover travel expenses to and from court.

In my experience, many debtors in the "won't pay" rather than the "can't
pay" camp satisfy the judgment debt upon receipt of the N39 as they do
not relish the prospect of going to court and having to lay bare their
financial details knowing that these will be sent to their creditor.

Regards

S.P.

[^1]
https://assets.publishing.service.gov.uk/media/5b11378aed915d2ccfdd1681/ex324-eng.pdf

[^2]
https://assets.publishing.service.gov.uk/media/641af6ced3bf7f7ff3e15f2b/ex140_0403_save.pdf

[^3]
https://assets.publishing.service.gov.uk/media/601bb7fbe90e0712851bfd73/n316-eng.pdf

Jeff

2024-10-14 08:52:28 UTC

Post by Simon Parker
High Court Enforcement Officers require taking your case through the
High Court. That is not a route where I would recommend a DIY approach
and the costs incurred versus the amount owed may not make it viable.

It appears that the cost to obtain a High Court writ is £78,
re3coveravle from the debtor.

Most High Court Enforcement firms say they will undertake the process
for you.

Jeff

Dave

2024-10-14 11:50:00 UTC