The fourth stage of the debt recovery process involves taking steps to commence enforcement action against the individual or organisation that owes you money.
WHAT IS ENFORCEMENT ACTION?
Enforcement action is a collective term used to refer to a number of different processes by which an individual or organisation can be forced to pay a sum of money ordered by the court.
If you have the benefit of a judgment against an individual or organisation that owes you money, the following options are available to you:
Option 1: Warrant of Control
Option 2: Writ of Control
Option 3: Order to Obtain Information
Option 4: Attachment of Earnings Order
Option 5: Charging Order
Option 6: Third Party Debt Order
If the individual or organisation that owes you money is insolvent, you may also wish to consider an insolvency law process, such as a statutory demand (for personal insolvency), a pre-winding up letter (for corporate insolvency), a bankruptcy petition (for personal insolvency) or a winding up petition (for corporate insolvency).
HOW IS ENFORCEMENT ACTION COMMENCED?
Enforcement action is commenced by making an application to the court for an order in one or more of the forms listed at Options 1 to 6, above.
DO I NEED A SOLICITOR TO COMMENCE ENFORCEMENT ACTION?
Strictly speaking, you do not need a solicitor to commence enforcement action. However, using a solicitor may help to avoid mistakes from being made and increase the likelihood of you getting paid.
HOW MUCH DOES IT COST TO COMMENCE ENFORCEMENT ACTION?
We will commence enforcement action for a fixed fee, determined by the type of enforcement action you wish to pursue. You can view our fees for commencing enforcement action by downloading our Price List. The cost of commencing enforcement action is recoverable from the individual or organisation that owes you money, subject to your claim being successful, limits on costs set by the Government and your debtor being solvent.
HOW DO I INSTRUCT YOU TO COMMENCE ENFORCEMENT ACTION?
You can instruct us to commence enforcement action by completing our Judgment & Enforcement Action Form and returning it to: [email protected]
HOW QUICKLY WILL YOU PROCESS MY REQUEST?
Provided that your instructions are received by 4.00pm, we will process your request the same day. If your instructions are received after 4.00pm, at a weekend or on a bank holiday, we will process your request the next working day.
Please note: to access our services, you will need to open an account. You can do this by completing the form on the open an account page of our website. On receipt of your application, we will set you up as a debt recovery client and then contact you to explain what will happen next. Alternatively, for general enquiries, please contact us. If you would like to speak to one of our advisors, please call: 0151 650 6908. We very much look forward to working with you.
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