If, once proceedings have been issued, the defendant fails to file an acknowledgement of service and / or a defence of the claim then we will make an application for a judgment in default. This is a paper exercise and an early determination of a claim by reason of the defendant’s failure.
A judgment debt is usually payable within 14 days from the date of the judgment. If payment is not made you will have to take active steps to enforce it.
Enforcement is the use of various processes to attempt to recover the judgment debt owed to you if payment is not made by the debtor. Methods of enforcement include:
- Warrants and Writs of Control
- Attachment of Earnings Orders
- Charging Orders
- Third Party Debt Orders
- Orders to Attend Court for Questioning
- Statutory Demands
- Bankruptcy Petitions
- Winding Up Petitions
What will enforcement cost? We will advise you on the best way to enforce your judgment. Our fees and the Court fees for making applications for the various enforcement methods are shown in the table below. The last 4 enforcement methods on the list fall outside of our fixed schedule of costs and are charged on a “time spent” basis.