Enforcement
Home > Enforcement
Our approach: Effective debt recovery solution
Sterling’s objective is to recover our client’s debt as quickly as possible with the best positive cash result. With this in mind we are already considering enforcement prior to legal action taking place to ensure that the end result is not a costly unpaid judgement. We will investigate the debtors financial situation and recommend the most appropriate method of enforcement :
Enforcement methods:
Charging orders
If the debtor is a home owner, we may be able to secure the debt using a charge on the property. The threat of this action can be particularly effective for debtors living with family, and can often prompt them to make payment. If the action is necessary then the claimant owns a share in the property and once it is sold, the debt is paid from the proceeds of sale. We can also request an Order for Sale from the court.
Oral examination order
Whilst this is not a method of enforcement it can often have the effect of persuading the debtor to pay. The debtor’s Director must appear in court to answer a series of questions regarding their company’s financial affairs and in particular the reason for not settling the judgement. It is a criminal offence not to appear and the process can be extremely awkward for debtors that have hidden assets. Where the debtor does go to examination their statements may assist in enforcing the debt.
Winding up petition
Where the debt is above £750 we may issue a statutory demand often via a process server to the debtors office reception. This can have a very positive effect as it warns the debtor of impending bankruptcy if payment is not made. Our solicitor* is able to issue proceedings to wind up a company more effectively than a traditional law firm.
Attachment of Earnings
If the debtor is employed we can apply to the Court to order their employer to pay over regular payments from their salary.
Third party debt order
If a third party owes money to the debtor (for example the debtors bank, or customer of the debtor) we can apply for those funds to be paid directly to our client to clear the debt.
Process serving
The action of formally serving a statutory demand or demand for payment can have a strong effect on a debtor, particularly when it is performed at a busy office or home address. Sterling are able to arrange personal service of documents on any individual or company with a certificate of service.
Bailiffs and enforcement officers
We can instruct either a County Court Bailiff or a High Court Enforcement Officer (Sheriff) with a writ to seize assets. Debts below £600 must be enforced by a bailiff and those over £5000 by an enforcement officer. This allows us to make an informed decision between £600 and £5000 depending on the nature of the debtor. The enforcement officer works on commission and will charge the claimant a fee if he is unable to collect, the bailiff is salaried and does not charge a fee for unsuccessful cases. It may seem obvious that the commissioned enforcement officer is more likely to collect, but in particularly stubborn cases the enforcement officer may cease action if he realises that enforcement is becoming costly, whereas a bailiff will continue to act.
* Sterling Debt Recovery uses an independent 3rd party solicitor. You can see more information here legal services.
