As a business that has succeeded in a claim in a dispute, you may need to enforce your court judgment in some instances. Obtaining a judgment or order in your favour is the purpose of bringing your claim to court. However, this does not automatically mean a debtor will pay you what they owe. In many cases, you will have to take it upon yourself to enforce the order against the other party. This article will outline what enforcement law is, how you can enforce a court judgment and some of the options available to you in enforcement proceedings. <\/p>\n\n\n\n
Enforcing a court judgment is when you ask a court to collect payment on your behalf from a debtor. Your debtor is the person who you have received a damages award or costs order<\/a> against. Usually, when you initiate enforcement proceedings to obtain a court order, you will also have to pay a court fee. <\/p>\n\n\n\n To warrant starting an enforcement procedure, you must have given the debtor a chance to pay their judgment debt. The judgment debt is the amount of money the court awards the successful party in a case. You can only enforce a judgment if the debtor has failed to pay at least an instalment by the due date. Often, the court will specify a time period by which the debtor has to pay their debts. However, if no date has been mentioned, the general rule is that the debtor has 14 days from the judgment date to make the payment. <\/p>\n\n\n\n It is also worth keeping in mind that, as a general rule, you cannot begin enforcement proceedings against a debtor if the judgment was handed down over six years ago. <\/p>\n\n\n\n Before you enforce a judgment, it is important to check if the debtor has any assets. If they do, the debtor may liquidate their assets<\/a> to pay their debts. There are a number of ways you can check if the debtor has assets, for example through:<\/p>\n\n\n\n If the judgment debtor does not have any assets, it may not be worth enforcing the judgment at all. If the money spent on enforcement proceedings outweighs the money that you can recover from the debtor, it will not be worth pursuing at all. <\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nShould I Always Enforce a Judgment?<\/h2>\n\n\n\n
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