Bailiffs and High Court enforcement officers are options in cases where a county court judgment has been obtained and a debtor fails to pay the debt or negotiate over paying instalments or a full and final settlement.
Once a judgment has been obtained in a court, the debtor usually has 14 days in which to pay the debt. If a debtor fails to pay, it may be necessary to take further court action to enforce the debt.
Bailiffs and High Court enforcement officers can be deployed in all types of debt – including where a debtor has defaulted on a credit agreement – or in the recovery of claims, such as in personal injury cases, where an award has been made by the court, but the opponent has failed to pay any compensation awarded.
Bailiffs and High Court enforcement offices can also be an option in cases where an award has been made at an employment tribunal and an employer has failed to pay the monies.
It is also possible to use bailiffs and High Court enforcement officers in cross-border debt recovery, where the debtor may be based in another jurisdiction outside the jurisdiction of the courts of England and Wales.
In such cases – where a County Court judgment has been made in favour of a creditor and the debt remains unpaid – the matter can be transferred to the High Court.
The High Court is able to enforce judgments in debt recovery claims against individuals and companies – and bailiffs or enforcement officers can visit premises to collect the monies owed or remove assets to the value of the debt, which can be sold to repay the monies.
Commercial rent arrears can also be recovered under a process called Commercial Rent Arrears Recovery (CRAR) using bailiffs and High Court enforcement officers. The 2007 Tribunals Court and Enforcement Act enables enforcement officers to enter tenants’ premises on behalf of a commercial landlord to seize assets in cases where there are commercial rent arrears, for example.
In cases where a county court judgment has been made and the debtor has failed to pay the monies due, it is essential to take expert legal advice on debt recovery as soon as possible.
Duncan Lewis civil litigation solicitors have extensive expertise in debt recovery solutions, including advising on bailiffs and High Court enforcement officers to recover debt.
Duncan Lewis can also advise on alternative to bailiffs and high court enforcement officers to recover debt, including mediation services.
For expert legal advice on debt recovery and Bailiffs and High Court Enforcement Officers, call Duncan Lewis Civil Litigation Solicitors on 0333 772 0409.