Enforcing Judgments

Stokey125

Once you have obtained a judgment either by default or after a trial how do you enforce it.


There are three aternatives

1 Warrant of execution - This allows the bailiff to go in and seize goods that belong to the bank and sell them to satisfy the judgment

2 Statutory Demand - This is the first step in have a company declared insolvent


3 Charging Order - This one gives you a legal charge over a specified property belonging to the bank and if do not pay you can apply for an order for sale.


While the first option is the cheapest option at least one bank has got around this by leasing all its furniture and equipment so none of it can be seized. The second option should only be considered as a last resort as it may have a number of unintended consequences. The third option while neither cheap or quick may be worth considering as provided that all your paperwork is correct the judge will grant a provisional order which will be in place for six weeks until the matter can be heard with both parties present.

You should consider carefully which of these three alternatives is the best to use.