Enforcing a judgment


Once judgment has been given, a defendant will usually be given a period of time in which to comply with it.  If the defendant cannot or will not comply with the judgment voluntarily, then it may be necessary to take enforcement action.  Such action can involve making further applications to the court and seeking to enlist the assistance of specialist court enforcement staff or specialist independent high court enforcement agents.

Options for enforcing a money judgment can include the following:

  • attachment of earnings order;
  • third party debt order;
  • charging order;
  • instructing the bailiff or the sheriff;
  • an insolvency process such as bankruptcy or winding-up.

If the court order includes an injunction (an order requiring a party to do or refrain from doing something) and that party fails to comply, it may be necessary to apply to the court for sanctions.  The beneficiary of the order will need to have made sure that the court itself has been properly served and that the party bound by it is fully aware of the nature and effects of the order that is being made.

In order to enforce a possession order in relation to land or other chattels, it will usually be necessary to instruct an enforcement officer.

If you would like to discuss the options for enforcing a judgment, please contact us.