Applying to Court for back-dating interest on money owed & oral examination - Help!

[Tigs]

I am seeking advice on (i) Application Notice to back-date interest on money owed by a Respondent. I obtained judgment over a year ago, the Respondent made application to 'set aside' judgment, as well as a counterclaim. That application was dismissed in Deceber 2011. The Respondent has never offered to pay or come up with a payment plan, despite informal letters requesting payment.

I now want to enforce judgment by making an Court applications (i) for interest to be applied from the date the Respondent's application was dismissed; (ii) for the Respondent to be submit herself for oral examination (Form N316).

Has anyone got any experience in the above two processes?

1. I would be grateful for some steer please and anything else I might need to be aware of to ensure that I do the right thing.

2. What might be the best way to enforce a judgment and ensure delivery by the Respondent?

I would be most grateful for your advice and guidance.

[ploddertom]

Re: Applying to Court for back-dating interest on money owed & oral examination - Hel

How much was Judgment for? Do you know if the Respondent has any assets or is employed? Obtaining Judgment against someone is no guarantee you will get paid.

[Tigs]

Re: Applying to Court for back-dating interest on money owed & oral examination - Hel

How much was Judgment for? Do you know if the Respondent has any assets or is employed? Obtaining Judgment against someone is no guarantee you will get paid.

Thank you for taking the trouble to respond.

(1). Judgment is for £3.7k and (2) Yes, the Respondent is in full time employment and has a mortgage on her home, and also drives. Yes, I'm aware that judgment is no gurantee for payment. That is why I'm seeking some steer on this forum. I'd be grateful if you (or any one else) could suggest an approach for recovering the money owed. Thank you.

[ploddertom]

Re: Applying to Court for back-dating interest on money owed & oral examination - Hel

There are differing methods of enforcement all of which have an initial cost which is then added to the debt oustanding but finding the one that is right for you may be more difficult.

Warrant of Execution - empowers the County Court Bailiff to attend and try to seize goods if no payment forthcoming. Downside is that he notifies the debtor in advance of attendance and Bailiff has no incentive to perform well as he is a salaried employee.
Writ of FiFa - you can transfer to the High Court and get a High Court Enforcement Officer to attend. The first the debtor knows is when the door is knocked. Fees can be eye watering but if he cannot access the property or levy on goods outside is pretty ineffectual.
Order for Questioning - would possibly just make it uncomfortable for them having to answer questions.
Charging Order - may have to waita long time unless it can be turned into an Order for Sale.
Attachment of Earnings - if working full time and on a decent salary may be worth doing but beware they may have a lot of outgoings that may be "reserved" so you could end up with a small payment.