My Ex employer still won't pay...

Sappoo21

My Ex employer still won't pay the case has got 2 days so I have got a couple of choices as the award is more than 10000 I can't call the baliffs in a warrant of execution, an attachment of earnings order, a third party debt order or a charging order, are the other options I have chosen a third party debt order as this will freeze the company bank accounts but still not certain what is best?
help urgently and vv much appreciated

floss2

What has the tribunal or your ACAS rep said? Have you spoken to them?

hairy_g

Keep nagging your ACAS rep

Sappoo21

floss2 wrote: »

What has the tribunal or your ACAS rep said? Have you spoken to them?

There are no ACAS conditions on the award so they can't do anything and the tribunal say interest will be due from 17.2.10 so they should pay or it will quickly get expensive for them but I just want some money because I need to pay the bills I have sent the form off for a 3rd party order this I think should make them pay as it will freeze there bank accounts and if there is enough them pay me the money.

floss2

Sappoo21 wrote: »

...I have sent the form off for a 3rd party order this I think should make them pay as it will freeze there bank accounts and if there is enough them pay me the money.

But if you freeze their bank accounts how are they supposed to pay you?

Uncertain

floss2 wrote: »

But if you freeze their bank accounts how are they supposed to pay you?

Oh for heaven's sake!

The whole point is that the money is frozen UNTIL they pay you. Only then will the court let them have access to the rest of their money.

floss2

Uncertain wrote: »

Oh for heaven's sake!

The whole point is that the money is frozen UNTIL they pay you. Only then will the court let them have access to the rest of their money.

Sorry for being dim, but as my experience of ET claims has been below £10k (now CA's are a different matter) and always with ACAS involvement, I was asking what I thought was a perfectly reasonable question - no need for the huffy comment!

Uncertain

floss2 wrote: »

Sorry for being dim, but as my experience of ET claims has been below £10k (now CA's are a different matter) and always with ACAS involvement, I was asking what I thought was a perfectly reasonable question - no need for the huffy comment!

Point taken - sorry. Could have phrased it better!

floss2

Uncertain wrote: »

Point taken - sorry. Could have phrased it better!

Yup! No offence taken!

Ewarwoowar2

Sappoo21 wrote: »

My Ex employer still won't pay the case has got 2 days so I have got a couple of choices as the award is more than 10000 I can't call the baliffs in a warrant of execution, an attachment of earnings order, a third party debt order or a charging order, are the other options I have chosen a third party debt order as this will freeze the company bank accounts but still not certain what is best?
help urgently and vv much appreciated

Your main worry should be that the employer will be liquidated before you can enforce your judgement. It the company does go bust, it's likely that your award will not be worth anything. I've seen this many times in the past.

Here's some information about the type of enforcement order you can apply for:

Methods of enforcement
There are presently four main methods of enforcing an outstanding judgment debt through the civil courts. In addition to warrants of execution, attachment of earnings orders, third party debt orders and charging orders (considered below), a court can appoint a receiver to collect money owed to a judgment debtor, in order to pay the judgment creditor. However, the appointment of a receiver is likely to be prohibitively expensive particularly when there is a risk that they will recover little, if any, money.


A judgment creditor should consider which method of enforcement is likely to be productive, given the circumstances of the debtor and the amount in issue.

Execution against goods
Warrents of execution are the most frequently-used method of enforcement, and often also the quickest. They authorise bailiffs to seize and sell goods belonging to the debtor in order to repay the amount they owe (as well as the bailiffs' costs of seizing and selling the goods, usually at public auction). Often a visit from the bailiff will be enough to produce payment without the need to seize goods.

Warrants for up to £5,000 can be issued in a county court. Larger sums must be enforced by the equivalent in the High Court (Article 8(1), High Court and County Court Jurisdiction Order 1991 (SI 1991/724)). The warrant or writ can usually be issued quickly by the court office without the need for a hearing or judicial decision.

Attachment of earnings order
Where a judgment debtor is an employee, an attachment of earnings order can be used to compel their employer to deduct a proportion of their earnings, until the judgment debt is paid. It is only available in the county courts. Attachment of earnings is a popular enforcement method as it is inexpensive and fairly easy to do. However, it can take a long time to pay off a judgment debt by this method, and it may also preclude the use of other methods of enforcement; a judgment creditor needs permission from the court to levy execution (above) whilst an attachment of earnings order is in force.

Third party debt order
Third party debt orders enable sums owed to a judgment debtor by a third party are frozen and seized for the benefit of the judgment creditor. They are one of the least used methods of enforcement. They are usually made against a bank or building society, and an interim order can be granted without notice to freeze a judgment debtor's account, pending a hearing (on notice) to determine whether the bank should be ordered to pay money to the judgment creditor out of the account.

Charging order
A charging order is a way of securing a judgment debt (plus interest and fixed costs) by imposing a charge (similar to a mortgage) over the debtor's beneficial interest in land, securities or certain other assets. The charging order of itself does not realise funds to satisfy a judgment debt. Once a charging order is made, the judgment creditor can apply for an order for sale (which is at the discretion of the court), or simply await its sale in due course by the owners. This method is less satisfactory if there is limited equity in the property, if it is jointly owned or if it is used as a family home, especially if there are children living in it.