A court order is exactly what its name suggests, namely a method of discovering useful information. This information may be used to select the most effective enforcement method and to target it effectively. Just possibly the information may lead the judgment creditor to decide that further action is pointless. As with each of the enforcement measures a fee is payable. This fee is added to the judgment debt and is recoverable from the judgment debtor, but if enforcement fails, it must ultimately be written off. The sort of information (if applicable) that might be discovered includes:
An application for an order can be made at any time after judgment has been obtained and it can be done more than once. It does not have to be when the judgment debtor is behind with instalments. Having said that, the most common time is shortly after judgment has been obtained. There are two application forms for an order:
The forms have many similarities. The first is used when the judgment debtor is an individual and the second is used when the judgment debtor is a company. In the latter case a company officer should be named to attend, and it is usual for this to be a director or the company secretary. You can name the one that you want and it might be appropriate to choose the managing director or the finance director. The name and address must be given and if you do not have this information you must find it out. Companies House is a very good source of information.
There is a standard list of questions that will be asked and a standard list of documents that must be produced. These include such things as bank statements, hire purchase agreements and outstanding bills. The judgment creditor can request that specified additional documents be required and that specified additional questions be asked. The questioning is usually done by a court official but the judgment creditor can request that it be done before a judge. Reasons for this must be given.
The questioning may not take place at the court where the application is issued, and the judgment creditor may be required to pay the judgment debtor's travel expenses to enable him to attend court for questioning. A copy of the order to attend must be personally served on the judgment debtor and this must be done not less than 14 days before the questioning is due to take place.
The judgment debtor (or officer) is required to attend and is required to bring the specified documents. He is questioned under oath and is required to cooperate and to answer fully and truthfully. The ultimate sanction for failing to do this is imprisonment. There will be warnings and further chances before this happens, but imprisonment is a possibility.
It is not necessary for the judgment creditor to attend court for the questioning, but he may attend and observe if he so wishes. The court officer will ask the standard questions and any further relevant questions that have been requested and agreed. The answers will be written down and at the end the judgment debtor (or officer) will be requested and required to sign to say that it is a full and accurate written record. The record will also say what documents were brought to court. After the questioning a copy of the record will be sent to the judgment creditor.
Our website is not responsible for the information contained by this article. Articleinput.com is a free articles resource thus practically any visitor can submit an article. However if you notice any copyrighted material, please contact us and we will remove the article(s) in discussion right away.
Note: This article was sent to us by: Tyler B. Camden at 05162010
1. Countries have different disclosure obligations
All articles are property of their respective authors. Please read our Privacy Policy!
© 2009 ArticleInput.com.