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Dispute Resolution

Enforcement of Outstanding Payments for Individuals

Individuals can find themselves in challenging financial situations, often necessitating the recovery of debts owed to them. This situation can arise for various reasons, such as unpaid loans, outstanding rent, or personal services rendered without compensation.  When this happens, we understand that you will be looking for a swift and efficient way to recover the monies owed to you, particularly when a judgment has been issued by the Court. 

Our experienced Debt Recovery Solicitors are here to guide you through the process of enforcing an Order that has been issued by the Court after you have attempted to recover debts owed to you.  There are different measures that can be taken to enforce an Order, which we explain in further detail.  Every situation will be different and the right method for you will depend on your own personal circumstances.  Should you wish to discuss these options in more detail, or to have your questions answered, contact a member of the Debt Recovery team today. 

Enforcement Measures

Following the successful resolution of an individual debt claim, we can employ a variety of enforcement strategies, including:

  1. Injunctions – Injunctions are Court Orders mandating an individual to either take a specific action or refrain from certain activities.
  1. Bailiffs – We can instruct the County Court Bailiffs to act on behalf of individuals seeking debt resolution. These professionals act to ensure the prompt and efficient recovery of monies owed. 
  1. High Court Enforcement Officers – We have the expertise to deploy High Court Enforcement Officers on behalf of individuals seeking to recover owed monies. These officers, who have enhanced powers over and above those of Bailiffs, endeavour to recover not only the monies owed to you from the debtor but also any associated costs as well as their own fees.  
  1. Third Party Debt Orders – These Orders will 'freeze' a person's bank account temporarily based on a Court Order instructing the bank to direct funds directly to you in order to make payment for the outstanding debt. It is important to note that in cases where the individual's bank account has insufficient funds, the Court may either refrain from making the Order or issue it with the acknowledgement that the funds that are available may not cover the amount owed. 
  1. Attachment of Earnings Order – This Order from the Court will mandate the individual's employer to make direct payments to the Court from the person's salary to cover the debt that is owed. The Court would then forward these payments to you on an agreed basis, whether that is weekly or monthly.  Only when the debt is completely cleared will the arrangement be lifted. 
  1. Charging Order – This Court Order secures the debt against the individual's property. Should the property belonging to the debtor be sold or re-mortgaged in the future, you would be entitled to repayment for the outstanding debt. Should the debt be substantial, the Charging Order can be wielded to obtain an Order for Sale. This instigates the sale of the property, with the proceeds directed towards settling the debt. 
  1. Bankruptcy – Bankruptcy can be a viable option under specific circumstances when seeking to recover debt from an individual. Notably, there is no requirement to obtain a Court Judgment before pursuing bankruptcy; if an individual owes a debt exceeding £5,000 and does not dispute it, the process can commence.  To initiate bankruptcy proceedings, a statutory demand can be issued, demanding payment of the owed monies within 21 days. In the event of non-payment and if the debtor fails to apply to the Court to set aside the demand, a bankruptcy petition can be filed. It is worth noting that the mere threat of bankruptcy often serves as a compelling force for payment.  However, pursuing bankruptcy comes with significant costs and there is no priority given to you as the petitioning creditor, so any action of this nature should be given due consideration. 

Being owed money will have a significant impact on your life and potentially your income which is why it is important to seek expert advice from experienced Debt Recovery Solicitors.  We are here to help whether you are seeking advice about recovering a debt or you have questions about enforcement methods. 

Contact our Dispute Resolution Solicitors

Our Enforcement Solicitors in Andover, Romsey, Salisbury, Totton or Witney are here to advise and guide you on enforcement for individuals.  To discuss your situation, contact us today at your local office by calling one of the offices below, emailing info@parkerbullen.com or using the Contact Form: