Advice Guides On Enforcement

Many people are under a misapprehension that when they secure a judgment from the court in their favour that they will receive the amount they are owed as part of an automatic process through the court system. Unfortunately this is not the case.

When a county court or High Court judgment is secured against a losing party the next stage will depend on whether the losing party decides to pay, in which case, no further action is needed by the winning party, or the losing party does nothing, in which case the winning party will have to enforce the losing party to pay hence the term “enforcement”.

Enforcement is often viewed unfavourably by the winning party for obvious reasons. Achieving a court judgment is only part of the story in securing payment.

Enforcement can be tricky and it adds another layer of cost to the process of litigation for the winning party.

At Shergroup however we pride ourselves on being enforcement experts and as such we believe that the enforcement system can be used to enforce the court’s judgment provided common sense and a practical approach is applied to the facts of the case.

To begin with we encourage judgment creditors to consider the real circumstances of the judgment debtor. What assets do they have and how can the court process be used to enforce payment using the assets available.

To achieve the best chance of enforcing payment, we have to look at the types of assets that judgment debtors are likely to own and apply some common sense to what can be achieved. If you are stuck on what choice to make don’t worry as we can make it for you, but here are some questions to help you appreciate the sorts of issues that need to be considered in making the best choice for enforcing your judgment.