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24.08.20

I have been through the small claims process and have been successful but still have not received my money. What do I do?

 

Obtaining a successful judgment is not always the end of the court process. Often parties will need to consider a step called ‘enforcement’.

What is enforcement?

This is a step taken to try to realise payment when you have received a court order against a party, but they have failed to pay in accordance with it.

If you receive an order from the court (whether at the end of a case or part way through if you have received judgment due to your opponent’s failure to take a step) and your opponent does not comply with the order, the court will not take any steps. You must ‘enforce’ the judgment.

There are many ways to try to enforce a judgment, including:

1. Requesting a warrant for a bailiff to attend to collect items to the value of the judgment ‘debt’
2. Attaching to earnings
3. A third-party debt order
4. Charge the person owing you money’s property
5. Investigate insolvency

 

Choosing the best enforcement route involves a detailed consideration of the debtor’s financial position and not every option will be appropriate in each circumstance.

If you have a dispute and need legal advice, contact Becky Draper at SHU Law on 0114 225 6666.