Claire Sandbrook
 
 
Not Sure What To Do? Your Options Explained
 
Firstly the easiest way to get a feel for your debtor’s situation is to instruct a Shergroup recovery agent to attend at the address you have for the debtor and interview the debtor. You will get a full report, and we will endeavour to get a payment in full or negotiate a payment plan you are happy with.

The investment in this service is £60.00 inclusive of VAT and we will charge you 15% of the monies recovered if this happens.

So your total investment is £60.00 and you will receive a full report with photographs of your debtor’s situation.

If you want to use a full court based solution to find out what income and assets your debtor has you can choose to apply to the Court for an “order to obtain information”.

We don’t usually recommend this because we can obtain similar information for you without the cost of going to court.

That said, orders to obtain information do have a place in the enforcement armory of a judgment creditor. The application does have some teeth in that ultimately the court can impose sanctions on a judgment debtor who refuses to give information about his or her (or in the case of a company “its”) financial situation.

If you decide to go down this route we can help you with making the application to the court. Just complete our Order to Obtain Information Application Form and we will do the rest.

An Order to Obtain Information is not a form of enforcement which will get you your money. Instead you should view it as a way of getting information from your ‘judgment debtor’ who will help you decide whether it is worthwhile taking any further action; and if so, what action you should take.

If you decide you want to try this approach, the judgment debtor will be ordered to come to the court to be questioned, on oath, by a court officer. The sort of information which can be obtained includes:
  • the current employment status of the debtor – which may point to making an attachment of earnings application;
  • and if appropriate, details of employer and wages or salary;
  • details of the debtor’s dependents and outgoings paid from income;
  • details of any additional income;
  • details of any property owned (house, car, caravan, etc.), which may have a saleable value – which may lead to a decision to apply for a charging order;
  • details of any bank or building society accounts and the balances in them – which may lead to starting a third party debt order application.
The questions the court officer will ask the judgment debtor are set out in on a standard questionnaire being court form EX140 and which is called a “Record of Examination”. A copy of the questionnaire can be downloaded from the HMTCS website.

If you want more information or to check out any details you can contact us on all our open channels
We will solve your query and soon put you on the road to recovery!

Resources for this method of enforcement:
 
 
 
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