Case Study

Successfully enforcing Judgment through Writ of Control

11th June 2019

Successfully enforcing Judgment through Writ of Control

Higgs & Sons' experts have recently supported an organisation that had been in dispute with an individual over a sum of money relating to unpaid invoices.

“The organisation in question (Company X) had already obtained a County Court Judgment against the individual (Mr A), however neither party had instructed solicitors,” explains Arshad Mohammad, Manager of Higgs' Debt Recovery team.

“Company X approached and subsequently instructed us as they were unsure on how best to enforce the Judgment.”

Higgs' specialists worked alongside Company X to review the matter, and through their investigations it became clear that Mr A had assets of a significant value.

“We advised Company X that the most suitable enforcement action would be to apply for a Writ of Control and instruct High Court Enforcement Officers to visit Mr A’s premises and recover any goods up to the value of the Judgment debt amount."

When the High Court Enforcement Officers visited the premises, Mr A refused to make payment, at which point the High Court Enforcement Officer began seizing the assets and arranged for a recovery vehicle to collect the goods. Mr A finally realised the seriousness of the matter and agreed to pay the Judgment amount.

Arshad concludes: “As a result of our actions, our client was able to recover the outstanding monies owed to them.

“Unfortunately due to his delay in addressing the matter, Mr A ended up being liable for additional legal and High Court Enforcement costs. This effectively doubled the amount he had to pay, which shows that taking sound legal advice and acting promptly is always the best way to approach such matters.”

Higgs & Sons fixed fee services are part of a range of options available to clients depending on the nature and value of the claim in question. Contact a member of Higgs’ Dispute Resolution or Debt Recovery team to find out more.

Pictured: Arshad Mohammad

 

 

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