Where do I stand?
Once the Court has made a Final Order, all parties named within the Order are under a duty to comply with the terms stated. If a party does not do so, then there are various options available to the party seeking to enforce the Order.
What is the time limit?
It is very important to note that if more than 12 months has elapsed between when the monies were first owed to you and when you have taken any action, then you will find yourself in a situation where it will be up to the Court to grant you permission to enforce payment of monies owed from more than 12 months ago.
So, what are my options?
There are various options available, the first being a reminder to the other side of their duties under the terms of the Court Order. If this is not fruitful, then your next option is to consider making an application to Court for Enforcement proceedings. Such applications are dealt with via the Civil Procedure Rules and Family Procedure Rules.
When making the application to Court, you can specify the method of enforcement that you are seeking, including :-
- Writ of control or warrant of control ;
- Third-party debt order ;
- Charging order, stop order or stop notice ;
- Attachment of earnings order ; and
- Appointment of a receiver.
In certain circumstances the Court may also have the power to make a Committal Order or writ of sequestration against the party who owes the debt.
Alternatively, you have the option of asking the Court to determine the best method of enforcement of the amount owed, if you are not sure which is the most applicable in your circumstances.
If you ask the Court to determine the specific method of enforcement within your application, then the Court will make an Order seeking the non-compliant party to attend Court. The Order to attend Court must, unless directed otherwise, be personally served on the party owing the debt no less than 14 days before the hearing. They can then, within 7 days of being served with the Order to attend Court, ask the applicant to pay to them a sum reasonably sufficient to cover their travel expenses to and from Court.
The applicant must then provide to the Court a statement confirming that the Order to attend Court was served on the non-compliant party and should contain within it the total amount sought and be filed at Court no less than 2 days before the hearing. It is then up to the Court to determine the next steps at the listed hearing.
For tailored advice about your particular circumstances and what your options are to resolve your difficulties, please call us to speak to one of our specialist family lawyers. Our family team have divorce specialists based at each of our offices across Nottinghamshire, Derbyshire and Leicestershire. Contact us on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
