A court order or judgment for a debt will say how much should be paid and when. If you miss payments or stop paying, then the person or company you owe money to (the creditor) can apply again to the court for another order to enforce the debt. There are a number of different actions they can take. If enforcement action is taken against you get advice, especially if the matter is going through the High Court.
Below are summaries of the types of action your creditor could take against you:
Seizure of Goods Order / Warrant of Execution
This is where the court will issue a warrant and send a bailiff to your home to try and take some of your property. This will then be sold at auction to raise the money to pay back your debt. If you have bought goods on hire purchase, for example a car, and have missed payments, the order can be made specifically to collect these goods.
What can I do?
You can apply to the court to suspend the warrant. You need to fill in form N245 application for suspension of a warrant and / or variation of an instalment order (external website / pdf document). You will normally have to make an offer of repayment.
Attachment of Earnings Order
This might be used against you if you are working. Your employer will be ordered to reduce your wages by a certain amount each week or month. This amount is then paid to the court and used to pay off your debt. An attachment of earnings order can still be used if you are receiving Statutory Sick Pay or an Occupational Pension.
A major disadvantage of this type of order is that some employers are not happy when the court approaches them and you could end up losing your job.
What can I do?
You can offer to make a regular payment each month and ask the court to make a suspended order. If the court grants this, your employer will only become involved if you miss a payment.
If you already have an attachment of earnings order you can apply for a consolidated attachment of earnings order. This allows the court to put both the orders together and take just one payment from your wages. Many people find this easier. You can also ask the court to add other debts that are subject to county court judgments to the attachment of earnings order. Unlike an Administration Order, there is no limit to the amount of money you owe that can be added to an attachment of earnings order but you can only include debts that are subject to a judgment.
Third Party Debt Order
This is where the court orders someone who owes you money or who is holding your money, to pay it directly to your creditor. For example, the court can make an order to have your bank or building society account frozen. Money is then transferred out of the account. If there is no money in the account on the day it is frozen then the order will be unsuccessful. The creditor will need to supply details of your accounts to the court.
It is unusual for creditors to use this method of enforcement, and if an account is frozen leaving you without enough to live on, you can make an urgent application to the court to release some of the money in your account.
Charging order
Under this sort of order the court puts a charge on your home. This means that when you sell the property, any money left over (equity) after the mortgage and any secured loans have been paid off, will be taken by the court to pay off the debt. A charge can also be put against other assets you might own such as land and life assurance policies.
The person or company you owe money to can get another order to make you sell. However, you can challenge this order or it can be made subject to conditions so that as long as you pay a set amount, the property will not be sold.
Order to obtain information from a Judgment Debtor
This might be used if your creditor wants more information about you to help them decide what action to take. You will be asked to go to court and fill in a form about your incomings and outgoings. You will then have to swear that the contents of the form are true. You may also be asked to take certain documents to the court. You can make an offer to pay your creditor during your interview.
If you do not attend the court you may eventually risk being imprisoned for contempt of court.
What can I do?
If you are unable to attend on the date given you can apply on form N244 application notice (external website / pdf document) to change the date. You will need to explain why you cannot go on the original date.
Charges for Enforcement Orders
If enforcement action is taken against you the court will charge a fee that is then added to your debt.
Information on other websites
Court Service
Has information about enforcing judgment written for creditors (ie the party that is owed the money)
National Debtline
Information about setting aside a County Court Judgment, bailiff's warrants, Attachment of earnings order and Charging Order
Need more help? Live in Manchester? Send us an email
Information Provider:
Manchester Advice
Date Written:
28 April 2005
Date Reviewed:
17 November 2008
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions.
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