To apply for "Execution of Warrant" immediately or not

[intstudent]

Hi,

Recently I have applied for a judgement by default order against a company through Moneyclaim online, requesting immediate payment. I was wondering, should I apply for an Execution of Warrant immediately?

Thanks for any ideas over here.

[Weird Al Yankovic]

Have you been awarded the judgment (default) yet? Or just applied for it, as you state?

If you have judgment then don't delay. Or enforce as soon as you do get it.

[intstudent]

Hi there,

Yes the Judgement by default has been issued on Wednesday (as shown up on Moneyclaim) - though I have not received anything through the post yet.

So you mean I shouldn't try and be diplomatic and contact the company - but instead, just do the enforcement immediately?

Thanks.

[Weird Al Yankovic]

But surely you have already been diplomatic as I would assume you gave them the chance to settle before you issued proceedings?

And I would guess you have a default judgment because they then ignored those proceedings too?

Enforce without delay. Then they might get their act together!

[intstudent]

Yes, what you said is quite true.

I was just wondering - my Judgement was issued on Wednesday. Considering the long weekend, I could only issue the Execution of Warrant on Tuesday.

They may receive the judgement order on Tuesday - and assuming if they sent me a cheque immediately on that day (same day as my Execution of Warrant request), will the £55 for execution of warrant be wasted? Or will they be liable for the £55 anyway?

Thanks again.

[Weird Al Yankovic]

Good question.

I'd guess that the court would not process the default judgment to arrive by post to either you or the other side by Tuesday anyway, as it was only just Wednesday last.

As far as I am aware, to enforce a debt against a debtor then they are liable for these costs, and interest on a daily basis.

Just because you act without haste should not be a barrier to your enforcing an order of a court.

[buzby]

In Scotland, there has to be a delay of 21 days between the judgement and the issuing of a Warrent of Execution (this is to cover any subsequent appeal). I'm assuming something similar will apply in E&W.

[Weird Al Yankovic]

Not that I'm aware buzby.

I enforced a ccj on the same day I received a default judgment.

I think if the other side did appeal then they could obviously appeal other enforce costs too.

[buzby]

Does seem a little unfair - there should be time for the loser to take on board the judgement, then arrange to pay up. If they don't, then there's no excuse for the additional fees racked up. (It could be abused!)