Ten top tips for successful enforcement
by David Carter on 24 June 2010
When you’re going through the process of obtaining a CCJ and getting it enforced, there are some important areas to check to increase the likelihood of a successful enforcement.
- Sue the correct defendant – if it is a limited company, make sure you sue the company, not a director or employee (unless that person is a guarantor)
- Name both parties if the defendant is a ‘trading as’ - many limited companies also often trade as another name, so put both names in to cover all your bases. Put the words ‘A Firm’ in brackets after the name and also name the individual (s) who run it
- Get the defendant’s name 100% accurate – even a small mistake can prevent enforcement. You can check business names at Companies House or run a trace on an individual
- Check you have the right company – if the company has changed hands, for example a restaurant may have the same name but now be owned by a different chain. Sue the company that was the owner at the time you supplied the goods or services
- Have the correct address or addresses for the defendant - if you use an old address, the defendant will have grounds to have judgment set aside, proceedings may have to be reissued at the new address, which then may be defended. This would also give the defendant time to hide/transfer any assets
- For limited companies, make sure you have a trading address, as the registered address could be their accountant’s offices. You can check with Companies House or the defendant’s website
- Check the defendant is not subject to insolvency proceedings - if they are, it may not be worth the time and cost of suing. For companies you can check with Companies House and The Insolvency Service allows you to check individuals and trading as names for bankruptcy and IVA
- Make sure you sue for the correct monetary amount owed – you can legitimately add interest at 8% and court fees and enforcement costs are also recovered from the defendant. Claims for loss of earnings and other unsubstantiated amounts are often defended and don’t go down well with judges
- Check to see if the defendant has other judgments issued against them – if there are many, you may find there are no assets left to seize if those have already been enforced.
- Act speedily - if you decide to transfer your judgment to the High Court, the High Court Enforcement Officer (HCEO) you select will lodge the Writ of Fieri Facias. Once lodged, your writ will have priority over any subsequent writs
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.