Enforcement Options
Asking for a warrant of execution means that you instruct the court to send their bailiff to the defendant's premises. They will try to collect the money or take goods, which will be sold at auction. This is described in more detail later. This is probably the commonest way of enforcing your judgment but before using it you should consider the alternatives.
An 'Attachment of earnings' order is sent to the defendant's employer and requires them to deduct payments from the defendant's pay packet and send it to the court. This is only appropriate where the defendant is a private individual and is not self-employed.
A garnishee order is usually sent to the defendant's bank or building society. You can get payment from the defendant's bank account paid straight to you.
In addition to the three methods outlined above there are two other options that might prove useful. These are:
- A charging order, and
- An oral examination.
The phrase 'oral examination' is now considered to be old fashioned. It has been replaced 'order that debtor attend court for questioning'.
The following sections provide more detail on each of the options.
See also: EX321 - I have a judgment but the defendant hasn't paid - what do I do?