Defendant(judgment’s debtor) may refuse to pay a money after getting judgment orders. Court couldn’t take any action till claimant(judgment’s creditor) will apply for enforcement of judgments.
You have to pay court fees for all requests or application for order. This fee is recoverable and court will add these fees to the final amount.
But claimant should look himself whether debtors could pay or have assets, goods, employment which could be use for debt repayment.
There is a legal way that allow to get information about debtor’s solvency, his bank account, assets and ability to pay money back.
Firstly, you can check debtor solvency using Individual Insolvency Register or Insolvency Service for companies.
Secondly, you can request information from Register of Judgments, Orders and Fine to see whether defendant has another fines or outstanding judgment. Of course, you have to pay a fee for each person you want to get judgment details for the last six years.
Finally, you may request a court order to obtain financial information about debtors. This orders just let you know whether it is worthwhile applying for enforcement judgment and what type of order is most likely to get you money back.
Procedure of getting financial information about defendant
What kind of financial information may be get by court order:
- details of bank account including the balances
- income and outgoings paid from income
- owned property such as cars, house and other assets
1. To obtain these data claimant should apply for order by filing court form Form N316 or N316A (for company) - application for an order that the judgment debtor attends court for questioning. Application must be filed at the county court which covers debtor’s address. Information about court is available at courttribunalfinder.service.gov.uk
2. If you request information about company you need to choose which officer or person should be questioned on behalf of their company. Company’s directors name and address or other officer’s could be obtain at Company House or gov.uk
3. Court fee for order to obtain information from a debtor is £55(check Civil Court fees prior)
4. Form EX141(if debtor is company) and EX140 contain question and documents which will be asked to the debtors. You may specify additional questions or document in the form N316(A)
5. After getting form N316 court draws up Form N39 order to attend for questioning and send 2 copies to the Claimant. Claimant or Creditor should serve this order to the debtors personally (by claimant or from his behalf). If claimant couldn’t do it he must notify court within 7 days before date of questioning:
71.3
(1) An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing.
(2) If the order is to be served by the judgment creditor, he must inform the court not less than 7 days before the date of the hearing if he has been unable to serve it.
6. Creditor or Claimant may ask enforcement agent to serve order to the debtors. Request Bailiff service of an order for a debtor to attend court for questioning cost £110 (check Civil Court fees).
7. If claimant serve the order for oral examination personally he must return to the court copy of form N39 and sworn statement (form of affidavit EX550) with information how and when the debtor was served. Affidavit and copy of N39 must be filed to the court at least 2 days before date of oral examination. If debtor ask to cover his travel expenses to get to the court for questioning, claimant could claim it in affidavit:
71.4
(1) A person ordered to attend court may, within 7 days of being served with the order, ask the judgment creditor to pay him a sum reasonably sufficient to cover his travelling expenses to and from court.
(2) The judgment creditor must pay such a sum if requested.
8. If debtor arrives at questioning to the court he will be asked to swear on oath and then questioned according the form N141(or N140). Copy of debtor’s response and documents will be sent to the claimant (judgment creditor).
9. If debtor fail to attend oral examination judge will issue suspended committal order(N79A). This order means that if debtor fails to attend new arranged hearing then he would be put in prison. New questioning hearing together with suspended committal order need to be served personally at least 14 days before the hearing.