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Enforcement – what happens if a judgment debtor does not pay?



Thu 29 November 2018 Enforcement – what happens if a judgment debtor does not pay?

Prior to commencing litigation it is essential that you know your defendant. Pre-litigation due diligence would determine what assets a defendant may have and determine whether you would be able to recoup the costs of the litigation and any compensation due to you in the long run.


As a general rule a defendant will usually have 14 days to pay the judgment amount, but this can differ at the Judge’s discretion. If the judgment sum has not been paid within the time frame you can then commence enforcement proceedings.

There are number of ways to enforce the judgment debt and not every method is suitable to every situation.

Enforcement options should be carefully considered. Note that the Court will do nothing to enforce a judgment, it is up to the judgment creditor to decide how to enforce. Options include :-

With both an attachment of earnings and a 3rd party debt order, the debtor would have to be left with enough money for themselves and their families.

Not all options are suitable for every situation and there are thresholds of the value of the debt owed for certain enforcement proceedings.

There are court fees and potential legal costs but all of these are added to the debt so are recoverable in the long run. The fees and legal costs are minimal in comparison to the litigation costs.

It is always advisable to seek legal help to assist in helping you decide which is the right option for you and to help guide you through the process.Should you require any assistance in seeking to recover a debt owed to you or wish to discuss any of the issues raised, please do not hesitate to contact Louise Price.

louise.price@taylor-rose.co.uk 0161 5378836


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