Q&As

How do you enforce a judgment against a company when you do not know who to enforce against?

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Published on LexisPSL on 22/02/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How do you enforce a judgment against a company when you do not know who to enforce against?
  • Knowing the defendant
  • Information hearings—procedure
  • Difficulties with enforcement—evasive judgment debtors
  • Methods of enforcing a money judgment
  • Taking control of the debtor’s goods
  • Charging order over the debtor’s land or securities
  • Third party debt orders (TPDO) where the judgement debtor is owed money
  • Attachment of the debtor's earnings
  • Income from the debtor's assets—equitable execution

How do you enforce a judgment against a company when you do not know who to enforce against?

Knowing the defendant

Practice Note: Successful enforcement—knowing your defendant confirms the importance, at the outset of proceedings, of knowing who your defendant is and their potential financial worth. The Practice Note sets out the different investigations you can carry out to this end, eg:

  1. whether the defendant is insured

  2. any bank accounts or property the defendant may have in their name

  3. is the defendant worth pursuing? Especially if the defendant is not insured

  4. the location of any valuable assets the defendant may have and whether they are within the jurisdiction

The above information can be a vital part of the investigation and can be gathered in various ways, ie thought discussions, client’s papers (photocopied document containing the relevant information), Companies House and Land Registry searchers or the help of a private investigator.

It is important that any information collated against the defendant is kept up to date and any changes to the either parties situations are noted on file.

The judgment is enforceable as against the judgment debtor named in it. It may be worth checking the details of that judgment debtor at Companies House for relevant details.

Information hearings—procedure

Once a judgment has been obtained, the judgment creditor can apply for a court order that the judgment debtor attends court to give

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