In the last of our series on cutting your legal costs, Alexandra Clough looks at the options available if you get a court judgment in your favour but still can鈥檛 get paid
Enforcement should be considered from the outset. Before proceedings are issued you should ask yourself whether your opponent has sufficient assets to pay the claim and, if so, will you be able to get hold of those assets.
I have obtained a court judgment, but my opponent has not paid up. What can I do?
You will need to take steps to enforce the judgment. There are several methods of enforcement open to you, depending on your opponent鈥檚 assets.
How do I find out what assets my opponent has?
You could employ a private investigator, especially if you think they have 鈥渉idden鈥� assets. Another option is to apply to the court for an order that your opponent attend court for an examination of their assets. You can send in any questions you would like answered and a list of documents you would like your opponent to disclose.
If your opponent refuses to answer the questions or produce documents, you can apply to the court for a penalty notice. Failure to comply with this is contempt of court, which can lead to a prison sentence, so your opponent is likely to comply.
What methods of enforcement are there?
The most popular method of enforcement is execution against goods. You must apply for a writ of fieri facias (or fi fa) in the High Court or a warrant of execution in the county court. The procedure is straightforward and quick as it does not involve a hearing.
The procedure can be used against both individuals and companies and it can be used in combination with other methods (apart from attachment of earnings).
Once the court has issued the writ, a court enforcement officer (or bailiff in the county court) will enter your