It has always been a problem once people have obtained money Judgment in the County Court of enforcement.

It is of course always sensible to try and ascertain what the debtor has by way of assets before issuing proceedings, but of course sometimes this is difficult.

Information on the Judgment debtor's assets can be obtained once Judgement has been given by way of an Oral Examination in the County Court. Oral examinations are now known under Part 71 of the Civil Procedure Rules as Orders to obtain information. Once that application is made, an Order will be made and a date will be given for the hearing.

If the Judgment debtor does not attend the first hearing, a committal Order will be given, suspended on condition the debtor attends a further hearing. If the Judgment debtor fails to attend the second hearing, a warrant of arrest will be automatically issued.

Orders to obtain information are purely a preliminary measure which enables the creditor to ascertain the assets of the debtor and the correct method of enforcement to use.

Once this information has been obtained, the creditor can use various methods of enforcement. The most common methods are a Garnishee Order, a Charging Order, a Warrant of Execution or bankruptcy. If the Judgment debtor has property and has equity in that property, you may apply for a Charging Order.

A hearing will then be listed and, if it can be proved that the Judgment debtor has equity in his property, then it is very likely that the Judge will make a Charging Order against that property. A Garnishee Order can be used to freeze cash which sits in bank accounts or other lending institutions. If you are aware that the Judgment debtor has money lying in accounts, then this can be frozen by way of a Garnishee Order.

This is an effective way of enforcing Judgments if the debtor has the money to pay off the Judgment debt, but is avoiding payment.

Bankruptcy is begun by serving a Statutory Demand on the Judgment debtor. If there is no satisfactory response within 21 days, then you may file a Bankruptcy Petition at Court. This, however, can be an expensive form of procedure, although the costs of the Petition can be claimed back from the Judgment debtor.

We find that the most common form of enforcement is a Warrant of Execution which entails the Bailiffs attending the debtor's premises. This is begun by filling in a simple form at Court.

The Bailiffs will then service a time that they intend to attend the Judgment debtor's premises, and will do so. The problem with this is that it can take time and can be particularly successful.

For further information on enforcement of debts, you should contact Ebrahim Foolat of Ramsbottom and Co Solicitors of 25/29 Victoria Street, Blackburn, Lancs BB1 6DN. Tel: 01254 672222.