Q&As

Person X owes solicitors (1) money, and solicitors (1) have a money judgment against person X. Person X is due to receive money from an estate which solicitors (2) are managing or distributing, but solicitors (2) hold the money on trust until such time as the administration of the estate is complete, and will then pay person X. Solicitors (1) do not know when person X will be paid, and are therefore not in a position to apply for a third party debt order. What can solicitors (1) do in the meantime to secure the funds?

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Published on LexisPSL on 12/06/2019

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

  • Person X owes solicitors (1) money, and solicitors (1) have a money judgment against person X. Person X is due to receive money from an estate which solicitors (2) are managing or distributing, but solicitors (2) hold the money on trust until such time as the administration of the estate is complete, and will then pay person X. Solicitors (1) do not know when person X will be paid, and are therefore not in a position to apply for a third party debt order. What can solicitors (1) do in the meantime to secure the funds?
  • Types of enforcement
  • Third party debt orders

Person X owes solicitors (1) money, and solicitors (1) have a money judgment against person X. Person X is due to receive money from an estate which solicitors (2) are managing or distributing, but solicitors (2) hold the money on trust until such time as the administration of the estate is complete, and will then pay person X. Solicitors (1) do not know when person X will be paid, and are therefore not in a position to apply for a third party debt order. What can solicitors (1) do in the meantime to secure the funds?

Types of enforcement

Generally, where a person has a judgment and wishes to enforce against the judgment debtor, they can execute their judgment by using one or several enforcement methods at once (some methods are mutually exclusive).

The available options are set out in CPR 70, and guidance on the enforcement options are set out in Practice Note: Which enforcement of judgment method should I choose?

Apart from third party debt orders (TPDO) (as to which see below), you may find it useful to refer to:

  1. taking control of the debtor's goods—this involves instructing a certified enforcement agent to enter the judgment debtor's premises and ‘take control’ of goods in order to sell them and apply the proceeds of sale in satisfaction of the judgment debt.

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