Enforcement Notes

ENFORCEMENT * * * 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 * 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 * 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 * 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 * 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. * Application must be supported by written evidence substantiating the grounds relied on, plus a full statement of the debtor's means. * Successful application results in a stay of execution pending payment of judgment by instalments. 

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