Five enforcement options to settle an unsatisfied judgment debt

Five enforcement options - SOCIAL.jpg.jpg

If you have obtained a county court judgement (CCJ) to settle a dispute or unpaid debt, and it remains unsatisfied, your next step as the judgement creditor is to consider the options to enforce the judgement.

Trainee solicitor Lucie Rushton, from WHN Solicitor’s dispute resolution team, outlines the enforcement process and offers five options for commencing enforcement to settle the judgement debt.

In order to be successful with enforcement, you need as much information as possible about the judgement debtor (i.e. the person that owes you money). Including any known addresses, contact telephone numbers, email addresses, date of birth, links to businesses and/or employment.

Prior to commencing enforcement, it is helpful to understand the judgement debtor’s financial circumstances. One option is to conduct an asset search, to ascertain whether they have anything of value.

If you choose to proceed and obtain an asset search report, an investigator will conduct various searches, including a bankruptcy check, search at the Land Registry to see if the judgement debtor owns properties and will consider if the judgement debtor has any associations with companies or employment.

Enforcement is not undertaken by the court through its own action. You, as the judgement creditor are required to make an application for any enforcement procedures to be carried out. You can consider the most appropriate mechanism of enforcement, with five options outlined below.

1. High Court enforcement

High Court enforcement is a popular method of enforcement. It involves enforcement officers seizing the judgement debtor’s assets to raise funds to satisfy a judgement debt. This method of enforcement can be executed quickly; however, it depends upon the judgement debtor having goods of sufficient value.

The fees incurred in connection with High Court enforcement are added to the debt and sought from the judgement debtor, together with any interest that has accrued. If a High Court Enforcement Officer is unable to recover the debt, they will usually charge a small abortive fee to you, as the judgement creditor.

2. Apply for a charging order

A charging order secures the judgement debt against property owned by the judgement debtor. The order prevents the property from being sold or transferred, without the judgement debt being discharged, in the first instance. Ultimately, a charging order is a deferred mechanism of enforcement and unless you force sale, you will likely have to sit on it until the property is sold.

You could consider making an application to force sale of the property, once you have the charge, however, proportionality should be borne in mind. The courts will often be reluctant to agree a forced sale if the judgement debt is of relatively modest value.

3. Attachment of earnings order

This involves applying to the court for an order that the judgement debtor’s employer pays a certain proportion of their wages to the judgement creditor. It can be an extremely useful tool to prompt payment, as often, a judgement debtor will not want their employer to be aware of the judgement against them.

4. Third party debt order

Put simply, a third party debt order, is an order that freezes money held by an individual, organisation or institution such as a bank or building society, which might otherwise be paid to the judgement debtor.

For example, Mr X (the judgement debtor) owes you money, but you are aware Mr Y owes Mr X money. A third party debt order can seek that Mr Y pays you money directly, to satisfy the judgement debt and any monies owed to Mr X.

In practice, we often see third party debt orders sought by head landlords, where the tenant owes money, and the property has been sub-let to a sub-tenant. The third party debt order will compel the sub-tenant (the third party), to pay rent directly to the head landlord (the judgement creditor), in order to discharge the judgement debt.

5. Winding up petition/bankruptcy

In circumstances where a company owes a debt, which exceeds £750 and is undisputed, the winding up procedure can be used.

The first step is to establish the grounds on which a winding up order can be made. It can be helpful to serve a statutory demand on the company, and allow three weeks for a response, before starting winding-up proceedings. This is because a company that fails to pay a statutory demand for a sum exceeding £750 is deemed unable to pay its debts.

This is one of the grounds on which a winding-up order may be made. In the alternative a non-statutory letter of demand can be sent. If the debt is not paid, the next step is to prepare and file the winding up petition at the court.

If the judgement debtor is an individual and the judgement debt exceeds the personal bankruptcy threshold of £5,000, it is open to you to petition for bankruptcy.

The bankruptcy route is suitable for undisputed debts. The courts do not look upon bankruptcy applications favourably in cases of disputed debts and claimants’ risk being penalised in costs. We can consider this as and when necessary.

If the judgement debtor does not make payment and is adjudged bankrupt, an official receiver will be appointed to take charge of their assets. The assets will be collected and sold to discharge the debts including you as a judgement creditor.

Lucie assists the senior team on client matters regarding commercial dispute resolution, long leasehold dispute resolution, commercial property disputes and debt recovery matters.

If you have a judgement debt which remains unsatisfied or, are considering the issue of proceedings to recover monies owed to you and would like to discuss the options, please do not hesitate to contact Lucie on 0161 761 8061, or by email: [email protected]

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Velocity seals Airbus extension worth up to $54m Velocity Composites Has Announced Its Entry Into The Us Market

Velocity seals Airbus extension worth up to $54m

08 Oct 2025

2

First speakers confirmed for Lancashire Business Day Dave Walker with Richard Slater at Lancashire Business Day

First speakers confirmed for Lancashire Business Day

08 Oct 2025

3

Hemmings steps down as PNE chairman as hunt begins for new investors Craig Hemmings

Hemmings steps down as PNE chairman as hunt begins for new investors

08 Oct 2025

4

Chamber calls for three council county Lancashire County Council County Hall

Chamber calls for three council county

08 Oct 2025

5

Victorian Plumbing reports strong financial performance Victorian Plumbing Leyland

Victorian Plumbing reports strong financial performance

07 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Empowering Franchise Growth in the North West
Empowering Franchise Growth in the North West event
LBV Hub Seminars
09 Oct 2025 - 09 Oct 2025

Empowering Franchise Growth in the North West

Forbes Solicitors, Sceptre Way, Walton Summit Centre, PR5 6AW, PR6 6AW

08:00 - 10:00

Empowering franchise growth in the North West
TFA Event - Empowering Franchise Growth.jpg.jpg
LBV Hub Seminars
09 Oct 2025 - 09 Oct 2025

Empowering franchise growth in the North West

Forbes Solicitors Sceptre Way Walton Summit Centre , Preston, PR5 6AW

08:00 - 10:00

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin