Knowledge is power
by David Carter on 24 March 2011
The most powerful time to enforce a judgment is at the first visit. The High Court Enforcement Officer (HCEO) will turn up unannounced, with the element of surprise and the best chance of getting paid or finding goods to seize.
At The Sheriffs Office, we have developed a check list of things we ask clients to provide to give our officers as much information about the debtor as possible to help them succeed that first time.
The debtor
- Whether the address for enforcement is residential or commercial
- A photograph or description of the defendant
- Contact details, especially landline and mobile numbers
- Whether the debtor is known by any other name, for example their maiden name or a stage name
- If the enforcement address is the debtor’s parents’ address
- Online details, such as a company website, social media profile, such as LinkedIn or Facebook
- Vehicle details and registration numbers for any vehicles the debtor owners, whether they are an individual or a company
- If the property is a flat, whether it has an entry phone system
- Any habitual behavioural patterns, such as walking the dog at a set time, taking and collecting children from school
Company debtors
For companies, we also need to know:
- Whether the company has recently changed its status, for example become incorporated or a limited liability partnership
- Opening/operating hours
Specific to the case
There may be other details about the case that the officer will need to know, especially:
- Details of any contact from the debtor regarding any insolvency proceedings
- Copies of all paperwork of any previous Orders relating to the case, for example a stay of execution
© Sheriffs High Court Enforcement Ltd. Please contact us to request permission to reproduce this article.
Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
