Please enable JavaScript.
Coggle requires JavaScript to display documents.
Dispute Resolution - 18 - Enforcement of Money Judgements - Coggle Diagram
Dispute Resolution - 18 - Enforcement of Money Judgements
Process Judgement-Creditor must follow to take control of Judgement-Debtor's goods
High Court
J-C files request to execute the judgement, attaching a copy of the judgement
Court issues a writ of control
Writ of control forwarded to High Court enforcement officer
County Court
1.J-C certifies the amount remaining due
Court seals order
3.Forwards order to certified enforcement agent
Conditions of 'Taking Control of Goods'
J-C must give J-D
at least 7 days' notice of their intention to take control of goods
(and seizure must take place
within 12 months)
Enforcement officer must provide inventory of any goods seized, and
must sell goods within 7 days
Sale covers:
Debt
;
AND
Cost of enforcement
Enforcement officer can only enter address on writ
Trade equipment (eg painter's tools) and basic household items necessary for domestic needs cannot be seized
Controlled Goods Agreement
Arrangement made between a judgement- debtor and an enforcement agent
The enforcement agent will typically grant more time for the debt to be repaid, usually through a structured repayment plan.
If the debtor fails to comply with the agreement, the enforcement agent can return to seize the goods for sale.
Made when the enforcement agent has
taken control
of the debtor’s goods, but
leaves the goods with the debtor, rather than removing them immediately
.
The debtor
agrees not to dispose of or damage the goods
, and in return,
the enforcement agent gives them more time to pay the debt.