You Won The Trial, What Next?

If you were the Claimant and won your case at trial, the Judge almost certainly ordered the Defendant to pay a sum of money that included your claim compensation, interest, and court fees. Any sum that is not paid within 14 days of the transaction is normally specified in the order.

If you were the Defendant, you could have been awarded some expenses that the Claimant would have to pay.

But what if the other party doesn’t pay?

You must consider whether pursuing the judgment will result in you receiving any money from the debtor. All methods of enforcing the law necessitate the payment of court fees. You might be throwing good money after bad if you pursue the case further.

If the other party refuses to pay and you want to pursue the matter further, you must carefully consider your options. The scope of what we can cover on this site prevents us from explaining each option and how to use it.

However, some of the common methods of enforcement used in enforcing a judgment include the following:

HCEO thee County Court Bailiff / High Court Sheriff

You instruct the Bailiff or Sheriff to go to the debtor’s place of business or residence and demand payment. If payment is not made, the Sheriff’s Bailiff may seize the goods and sell them at auction. The Sheriff has the authority to enforce judgments worth more than £600.

Third Party Debt Order

The court can order someone who owes the debtor money (such as a creditor or customer) or who has the debtor’s money (such as a bank) to pay you. You must first identify the third party before proceeding to court.

Charging Order

In court, you can file a charge against the debtor’s property or residence. It operates in the same manner as a mortgage. Although you can petition the court for permission to sell the property, this is often not a quick way to collect payment because you may have to wait until the debtor sells freely.

Order For Information

The court may order the debtor to answer questions about their assets, liabilities, income, and expenses. The answers to the questions can help you decide which approach to take. However, because the debtor may refuse to comply with the court’s requirement that he or she answer the questions, the process may take a long time unless the court includes a provision stating that failure to cooperate is a criminal offence. Another possibility is that the debtor will simply lie.

Attachment Of Earnings

If the debtor is an individual and you know where he works, you can ask the court to force his employer to pay you directly from his paycheck. The debtor’s financial status determines the quantity of any installments.

Insolvency Proceedings