Enforcement of Debts

Enforcement of Debts

Have you secured a County Court Judgment that remains unpaid? Debtor ignoring the courts?  We collect and enforce any unpaid CCJ on a “no collection, no commission basis”.

Obtaining judgement is often seen as the final step in the recovery process but this is seldom the case. There remains the process of enforcing your judgement; Global Asset Management Limited have over 30 years’ experience in recovering, judgement debts on behalf of our clients.

Legal action is often seen as the final step in the debt recovery process, but ask anyone who has ever secured a County Court Judgment and they will tell you that this is often not the case.

Global Asset Finance we have over thirty years of experience in enforcing and collecting Judgment debts on behalf of our client base.

We know every option available to a creditor to secure payment and we will actively profile your debtor to ascertain the most cost effective method of enforcement.

Unlike using a solicitor to enforce a judgement, we do not charge by the hour and we will collect your CCJ’s on a no collection, no commission basis*.

What are the benefits?

  • Once instructed we will immediately profile your debtor to be certain the most effective enforcement option.
  • We may be able to negotiate settlement with the judgement debtor thus saving further costs.
  • We are able to manage your case effectively and efficiently throughout the recovery process.
  • We are able to lease with the court and other third parties on your behalf.
  • We will advise you on the range of enforcement options open to you and recommend the most appropriate option.
  • Avoid costly mistakes by using an unsuitable enforcement procedure.
  • Increase your cash flow by recovering CCJ debts and thus reducing your bad debt provisions.

Every situation is different and calls for a unique approach which Global Asset Management Limited is able to provide.

Your Enforcement Options

Warrant of Execution

This is an instruction to the court bailiff to visit the judgement debtor and recover your debt. They are authorised to negotiate a payment arrangement, collect the debt in full or seize the debtors’ assets to the value of your debt plus costs (however certain assets are protected). Goods may be seized that are subject to a Hire Purchase or Conditional Sale agreement (Providing the agreement has not been terminated) but not leasing agreements.

Third Party Debt Orders 

Formerly known as Garnishee Orders. If the debtor is owed money from another third party and the sum involved is sufficient to clear the judgement debt, Global Asset Management Limited can obtain a Third Party Debt Order against the third party requiring them to pay the judgement debt directly to you or provide substantive evidence as to why they should not. It is a particularly useful enforcement tool in respect of corporate debts.

Charging Orders 

If your debtor owns freehold property you can secure your debt against the property. Once the property has been charged you will be settled if the property is sold or repossessed and sufficient funds remain after prior charge holders have been settled. In certain circumstances, you can take your own repossession proceedings. Obtaining a Charging Order does not prevent you from pursuing other avenues of recovery except insolvency.

Insolvency 

You may issue insolvency proceedings against the judgement debtor. This would be a winding up (liquidation) against a corporate body or bankruptcy against an individual. However you will only be classed as an unsecured creditor so should only be used if your debtor is financially solvent.

Order to Obtain Information 

Previously known as an Oral Examination and is a method that may be used to obtain details of the debtors’ assets.

For a fixed fee your debtor (or if a corporate body their Managing Director or Senior Manager) will be summoned to attend court and be interviewed at length about their assets (you are entitled to submit questions). There are serious penalties (including imprisonment) for failure to attend. Therefore it is a very effective method of assessing your debtors’ ability to pay and ways of enforcing judgement.

Often the summons induces payment as the debtor wants their affairs aired in public.

We will show you a positive way forward!

Click HERE to submit your details via our contact form and put the benefits of asset finance to work in your business.