Anonymous

Difference between revisions of "Enforcing Judgments Against Chattels"

From Clicklaw Wikibooks
no edit summary
Line 13: Line 13:
In general, an unsecured creditor cannot take action against the chattels of a debtor until a judgment is obtained. Only after a judgment has been granted on a debt claim can a creditor look to the assets of the debtor to satisfy the judgment.
In general, an unsecured creditor cannot take action against the chattels of a debtor until a judgment is obtained. Only after a judgment has been granted on a debt claim can a creditor look to the assets of the debtor to satisfy the judgment.


Aggressive creditors often threaten action against assets even before a judgment is obtained. (See the section on [[Harassment]].) Such threats are usually baseless because seizure of chattels after judgment can usually be avoided.
Aggressive creditors often threaten action against assets even before a judgment is obtained. (See the section on [[Harassment by Debt Collectors]].) Such threats are usually baseless because seizure of chattels after judgment can usually be avoided.


However, two exceptions allow unsecured creditors to tie up the assets of a debtor while a legal action is pending (that is, '''before''' a judgment):
However, two exceptions allow unsecured creditors to tie up the assets of a debtor while a legal action is pending (that is, '''before''' a judgment):
Line 78: Line 78:
* [[Bailiffs, Court Bailiffs and Sheriffs]]

* [[Bailiffs, Court Bailiffs and Sheriffs]]

* [[Garnishment and Set-offs]]

* [[Garnishment and Set-offs]]

* [[Harassment]] 

* [[Harassment by Debt Collectors]] 

* [[Instalment Payment Orders]] 

* [[Instalment Payment Orders]] 

* [[Recovery of Goods]]

* [[Recovery of Goods]]

9,075

edits