A. The United Kingdom

5. Enforcement

5.1. Enforcement in debt

There are two steps to successfully recover monies in the UK, the first of which is obtaining a judgment, followed by the enforcement of that judgment. There are several options for enforcement, but the most common one is via enforcement officer or sheriff. Once the judgment is obtained, then enforcement actions can be taken. The judgment does not necessarily lead to successful collections. The enforcement officer will visit the debtor’s premises to try to collect the monies. This can be a lengthy process lasting several months.

5.2. Enforcement in movable property

If the debtor is not able to make any payments, then the sheriff can seize the goods relating to the debtor’s business as payment for the debt through a notice of seizure, followed by the seizure itself. The goods are then sold by the sheriff to realise funds. However, any costs involved in making the sale are deducted from the monies recovered.

5.3. Enforcement in immovable property

If the debtor owns property, then we can apply for a judgment mortgage. This means that the property cannot be sold without first discharging the debt. There can be several judgment mortgages against one property, so it’s advisable to check the likelihood of success before incurring additional costs.

(End of chapter 5 - Enforcement)

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