Hi this might help
County Court Judgements
If a creditor decides to take legal action to recover an outstanding debt the action will usually take place in the local County Court. The various procedures are set out below.
The Small Claims Track
Claims that have a financial value of not more than £5,000 will be allocated to the small claims track. The hearings are usually informal and many of the usual formalities of Court are dispensed with. No solicitor's costs may be recovered.
The Fast Track
This is the normal procedure for any claim which does not come within the small claims track and which has a financial value of not more than £15,000.
The Court sets a time table for the various legal steps to be taken up to the date of the trial. The amount of costs recoverable in fast track cases is strictly limited.
The Multi-Track
The multi-track is the normal track for all claims for which the small claims and fast track qualifications do not apply. The court will be responsible for the management of multi-track cases and must fix a trial date, or a period within which the trial is to take place, as soon as possible.
Appeals to the Court of Appeal
If any party to any proceedings in a County Court is dissatisfied with the determination of the judge or jury, he may appeal to the Court of Appeal, subject to obtaining the leave of the judge or of the Court of Appeal, in certain prescribed classes of proceedings.
Enforcement
Whichever track the claim takes, a judgement of a County Court may be enforced in a number of ways:
A warrant of execution issued by the district judge against the debtor's goods which can then be seized. Tools, books, vehicles and other items of equipment that are necessary to the debtor for use personally by him in his employment or business, and such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family, are protected from seizure;
The making of a charging order imposing a charge on any such property of the debtor as may be specified in the order;
The appointment of a receiver;
An attachment of earnings order. This is an instruction by the court to the debtor's employer to make deductions from the debtor's earnings and pay them to the court.
If the debtor changes his employment or becomes unemployed, the order will not come to an end but will lapse until re-directed to a new employer.
The making of a garnishee order, where a third party (the garnishee), who holds funds or liquid assets of the debtor, is ordered to pay them to the creditor up to the amount of the debt owed by the debtor.
The warrant of execution in (a) above will be carried out by the Court sending a bailiff in to seize the debtor's possessions. Even Court appointed bailiffs cannot break into domestic premises. Bailiffs acting on behalf of the Inland Revenue or Customs and Excise can get specific permission from the Court to break into a home, but usually bailiffs have to gain 'peaceful' entry.
Peaceful entry can be obtained by climbing over a fence or gate or through an unlocked door or open window.
As regards non-domestic premises (that is premises with no living accommodation), which include not only commercial property but also garages and sheds not attached to a house, all bailiffs may break-in.
Court appointed bailiffs are not to be confused with debt collectors appointed by a creditor, or whose appointment is threatened. Although a creditor will sometimes refer to them as bailiffs they do not have the same rights of entry or seizure as Court appointed bailiffs.
Creditors often threaten a debtor with Court, a warrant of execution and bankruptcy although they seldom mention the extensive legal process required to get from the initial default on a debt to the making of a bankruptcy order.
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