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Enforcement Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Enforcement notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ENFORCEMENT

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Where a number of enforcement procedures are available the Judgment creditor can choose which is likely to be most effective. Procedures in County Court and High Court are similar - main exception: attachment to earnings orders only available in County Court Enforcement: o High Court - carried out by enforcement officers authorised by Courts Act 2003 - independent of courts, paid on amount recovered o County Court - Bailiffs - employed by Ministry of Justice TRANSFERS

County Court to High Court

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Claim must be transferred if: o Execution against goods sought for judgment over PS5000 o Enforcement of charging order by sale sought where amount owing over PS30,000

High Court to County Court

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Claim must be transferred if: o Execution against goods sought for judgment under PS600 o Charging order sought where amount owing under PS5000 o Attachment to earnings order sought

To County Court where Judgment Debtor Resides/Carries on Business

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Claim must be transferred where judgment creditor seeks: o Information from debtor in a designated money claim, o Third-party debt order in a designated money claim, o Charging order, o Attachment to earnings order, or o Judgment summons STAY OF EXECUTION

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Judgment debtor who is unable to pay or who alleges it is otherwise inexpedient to enforce an order may apply for a stay of execution.

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Application must be supported by written evidence substantiating the grounds relied on, plus a full statement of the debtor's means.

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Successful application results in a stay of execution pending payment of judgment by instalments.

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

More BPTC Civil Ligitation Samples