Once a judgment is obtained, we will advise on the most appropriate enforcement action available. As part of this it may be necessary to find out what assets a debtor has. Our office can arrange for domestic and international investigations to be carried out and for asset searches to be conducted.
In the event that a debtor does not pay a judgment obtained against them, the judgment may be enforced. The most common enforcement options include:
Publication of the Judgment: The details of the judgment are published in the High Court record which are then available to be viewed publicly. These details are then picked up by trade gazettes and credit reporting agencies.
Sheriff: The Sheriff is a court official who may be instructed to collect the judgment debt. As part of this, the Sheriff is empowered to seize and sell goods to the value of the debt.
Examination of Means and Instalment Orders: A summons can be issued requiring a debtor to appear before the District Court to be examined as to their means. An order can then be sought from the court requiring the debtor to pay the judgment debt by instalments in accordance with their financial means.
Judgment Mortgage: If a judgment debtor owns property, the judgment can be registered as a charge over that property. If necessary, an application can then be made to court to have the property sold to pay the judgment debt.
Other Enforcement Options:
In some cases there may be other enforcement options available including:
- The attachment of debts owed to the debtor by third parties
- The appointment of a receiver over assets or monies payable to the debtor
- Examination of a debtor before the court to assist in the execution of a judgment
- Committal of a debtor to prison for breach of an instalment order
- Reversal of the transfer of property by a debtor to third parties
Our Solicitors are highly experienced in all areas of enforcement and can offer expert advice on the best means of enforcement available.