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options after a debt judgement

REGISTER JUDGEMENT IN HIGH COURT CENTRAL OFFICE

This threat to a Debtor’s credit rating may be enough, however, it has no real effect if the Debtor is a failing business.

REGISTER JUDGEMENT MORTGAGE
This is useful where the Debtor has property. It ensures Creditor priority above unsecured creditors, but is ineffective where Debtor already has fully secured property with a lender.

EXECUTION ORDERS/FIERI FACIAS/SHERIFF
Once an Execution Order is obtained it is sent to the sheriff to enforce. This is of no use unless the Debtor has viable goods that the sheriff can get his hands on and sell.

INSTALMENT AND COMMITTAL ORDERS
If the Creditor gets an Instalment Order and the Debtor fails to pay, the Creditor can apply to the District Court for a Committal Order. Since the Enforcement of Court Orders (Amendment) Act 2009 a Creditor must show the Debtor wilfully refuses to pay and has no goods before a judge can order committal.

ATTACHMENT OF DEBTS (GARNISHEE ORDERS)
Where a Debtor has no assets to pay, but is owed by a third party, then Judgment Creditors can apply to court for an order directing the third party to bypass the Debtor and pay the Creditor directly.

RECEIVER BY WAY OF EQUITABLE EXECUTION
An expensive process whereby a Judgment Creditor applies to the court for an order appointing them Receiver over the Debtor’s assets. This allows them to collect money due to the Debtor from a third party. However, the Receiver has no power to pursue the third party and must seek further directions from the court upon receiving the payment.

ORDER CHARGING STOCKS AND SHARES
Allows Creditor to apply to the court for an order charging the stocks and shares owned by the Debtor.

ORDER CHARGING A PARTNER’S INTEREST
Under the Partnership Act this allows the Creditor to obtain an order to charge the partners interest in the business to the payment of the debt due.

BANKRUPTCY
Very much a last resort, as it gives the Creditor no priority over other creditors, with rules of preference being similar to Liquidation or Receiverships. A court will not grant a Bankruptcy Order until it is shown that all other methods were unsuccessful.

PRIVATE ARRANGEMENTS BY DEBTOR UNDER COURT CONTROL
Debtors can apply themselves to court to halt various enforcements and seek individual protection. The Debtor must present a scheme to the court and the Creditors must vote to pass it.

WINDING UP COMPANIES
Once a Creditor can prove insolvency, orders for Liquidation or Receivership can be obtained. Usually this is preceded by an examinership application by the company. This is also a last resort for a Creditor, as it gains no priority for the Creditor and cannot guarantee payment in the long run.
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These are intended as a general guide to the subject matter, it should not be used as a basis for descisions. For this purpose advice should be obtained which takes into account all the client's circumstances. Every effort has been made to ensure the accuracy of the information. In view of its purpose the reader will appreciate that we are unable to accept liability for any errors or omissions which may arise.