Debt Recovery in the Courts

Erscheinungsjahr 2010
ISBN: 978-0-85490-073-2
Verlag: Wildy, Simmonds and Hill Publishing

Buch, Englisch, 138 Seiten, Format (B × H): 140 mm x 217 mm, Gewicht: 196 g

Reihe: Wildy Practice Guides

Debt Recovery in the Courts contains a wealth of legal and practical information within a compact, user-friendly format. It provides a concise introduction to the use of the courts for the recovery of debts, such as trade debts owed to companies, firms and sole traders; personal debts owed between individuals; rent arrears due from former tenants and rent unpaid under a money judgment made in conjunction with a possession order; and Employment Tribunal awards. Awards of damages granted by the courts in other proceedings may also be enforced by following the procedures laid down in this book.

Debt Recovery in the Courts guides practitioners through the entire process of litigation, from the issue of claims through to the enforcement of judgment debts, outlining the procedure to be followed and giving practical tips at each stage. It evaluates the pros and cons of different remedies and is realistic about potential outcomes. The text is supported throughout by the provision of checklists, flowcharts and precedents.

Autoren/Hrsg.

Kruse, John

Inhaltsverzeichnis

Preface

1 PRELIMINARIES AND ISSUE OF CLAIMS
1.1 Introduction
1.2 Limitation of actions
1.3 Expenses of litigation
1.4 Pre-action protocol and letter before action
1.5 Court forms and applications
1.6 Issue of claims
1.7 Service of claim forms and documents

2 RESPONSES TO CLAIMS AND JUDGMENTS
2.1 Introduction
2.2 Default judgment
2.3 Admissions
2.4 Defended claims and trials
2.5 Entering judgment and applications to set aside

3 ENFORCEMENT PRELIMINARIES
3.1 Introduction
3.2 Implications of county court judgments
3.3 Enforcement of employment tribunal awards
3.4 Payment of judgments and variations
3.5 Types of enforcement
3.6 Limitations on enforcement
3.7 Information gathering
3.8 Enforcing a judgment abroad
3.9 Insolvency
3.10 Stays of execution

4 EXECUTION AGAINST GOODS
4.1 Introduction
4.2 Transfer to the High Court
4.3 Issue of warrants
4.4 Issue and limitations
4.5 Levy process
4.6 Levies against partnerships
4.7 Sale
4.8 Suspension and withdrawal of warrants and writs
4.9 Interpleader and other claims
4.10 Rent and other claims
4.11 Negligence by the bailiff

5 ATTACHMENT OF EARNINGS ORDERS
5.1 Introduction
5.2 Application
5.3 Disclosure of means
5.4 Making orders
5.5 Payment
5.6 Complications
5.7 Monitoring

6 THIRD PARTY DEBT ORDERS
6.1 Introduction
6.2 Attachable debts
6.3 Preconditions
6.4 Application
6.5 Interim order
6.6 Hearing
6.7 Hardship payment orders
6.8 Effect of order and enforcement
6.9 Monies in court

7 CHARGING ORDERS AND RELATED REMEDIES
7.1 Introduction
7.2 Chargeable assets
7.3 Application and interim order
7.4 Hearing
7.5 Effect of order
7.6 Orders for sale
7.7 Stop orders and notices
7.8 Partnership property
7.9 Receivers by way of equitable execution

APPENDICES
1 Prescribed Forms and Precedents
1.1 Letter before action
1.2 Applications for orders for sale
1.3 Stop orders and notices

2 Useful Addresses

Über Autor(innen)

Kruse, John
Working within the field of social welfare, John Kruse has specialised in the law of enforcement for the last twenty years, and has written numerous books and articles on the subject, including Powers of Distress: A Guide to Remedies Unreformed by the Tribunals, Courts and Enforcement Act 2007and Bailiffs’ Law. He has also acted as a consultant inter alia to the Ministry of Justice and the Council of Europe.