Enforcement
When the Court has given an order against a Defendant (or Defendant
to a Counterclaim) they are required to comply with it. Sometimes,
however, Defendants ignore Court Orders and the successful Claimant
(or Counterclaimant) will have to take steps to enforce the Order.
This will involve additional legal costs, although these will normally be
recoverable in part or whole from the Defendant. Where the Court
Order is for the payment of a sum of money and the Order is not
complied with, the Defendant is a 'Judgment Debtor' normal enforcement methods are:
In order to decide which method of enforcement is best it may be necessary
to investigate the Judgment Debtor's financial position. This can be done by
instructing an enquiry agent or by requiring them to undergo an 'Oral Examination' in Court.
A Judgment Debtor who provides inaccurate or incomplete information when subject to
an Oral Examination, or who refuses to comply with an Order to attend an Oral Examination,
can be jailed for contempt of Court. Likewise, a Defendant who refuses to comply with
the terms an order for specific performance, or who breaches an injunction can be jailed
for contempt of Court.
Execution - The seizure of the Judgment Debtors goods by a Bailiff.
Attachment of Earnings - An order for the Judgment Debtors employer
to make payment to the Claimant out of the Defendants wages.
Garnishee Order - An Order for the Judgment Debtors bank (or other debtor)
to make payment to the Claimant.
Charging Order - A charge on the Judgment Debtors house, land or other
securities; meaning that these can't be sold until the Claimant has been paid.