The best method will depend on the defendant's legal status (eg whether an individual or a company) and financial circumstances. Your solicitor will be able to advise you on the most appropriate course. It is also possible to ask the court to order the defendant to attend court to provide information on their ability to pay. Options include:
- If the defendant has assets or goods which could be sold, you might use a Warrant (or Writ) of Execution. Bailiffs (or Sheriffs) will be sent to collect the money you are owed or seize goods to sell at auction.
- If the defendant has money in a bank or building society account, you might use a Third Party Debt Order (previously referred to as a Garnishee Order). The bank (or building society) is ordered to put the amount of your claim aside; the defendant is offered a hearing before the money is paid to you. This method also works if you know that the defendant is owed money by someone else. You can ask the court to order that person or company to pay the money direct to you, as opposed to paying the defendant.
- If the defendant is employed, you might use an Attachment of Earnings Order. The defendant's employer is ordered to deduct a regular amount from the defendant's earnings and pay it to you to satisfy your judgment.
- If there is no easier way, you might use a Charging Order. This means that your judgment will be secured against an asset (typically a property or shares) and prevents the defendant from selling the charged assets without paying you.
