Enforcement - list of remedies

Enforcement - list of remedies

Procedure is vitally important when seeking the remedies below. See here for some 'tips and tricks'.

Charging order (FPR 2010, 33.25; CPR 1998, 73): grants a secured charge over the payor’s interest in property (ie up to the sum of monies owed to the payee).  The court may then order the sale of the charged property in default of payment.
Attachment of earnings (FPR 2010, 33.19; Attachment of Earnings Act 1971): provides for monies to be deducted at source from the payor’s earnings and to be remitted to the court.
Third party debt order (FPR 2010, 33.24; CPR 1998, 72): freezes monies in the hands of a third party (eg a bank) and provides for it to be paid to the payee.  Available for money judgements only where the payor carries on business in England and Wales.
Means of payment order (Maintenance Enforcement Act 1991): for periodical payments and lump sum orders payable by instalments where the payor is ordinarily resident in England and Wales.  Requires the payor to make the required payments by standing order/direct debit and to open an account for the purpose.
Warrant of execution/writ of sequestration (County Courts Act 1984; FPR 2010, 33.20-33.21; CPR 1998, 81): a warrant of execution enables the sheriff to seize the payor’s goods (up to the value of the sums due) and sell them.  Sequestration enables the possession of all the real and personal estate of the payor until they pay a specified amount into court or until the court orders to the contrary.  The court can also order the sale of sequestered assets.
General application for enforcement (FPR 2010, 33.3(2)(b); CPR 1998, 71): the payee may apply (in Form D50K) ‘for such method of enforcement as the court may consider appropriate’.  Following examination of the payor, the court can make any of the orders listed above. 
Committal by way of judgment summons (FPR 2010, 33.5-33.18; Debtors Act 1869, s 5): orders for maintenance can be enforced by an application for committal by way of judgment summons.  Due to the draconian nature of this remedy, strict rules govern applications for committal, to include the location of the court in which the application can be made, the evidence required in support, rules in relation to service (the application and evidence in support must be personally served on the payor not less than 14 days

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About the author:
Sophie Chapman is a solicitor at Withers LLP