We understand that jargon and abbreviations can lead to a lot of confusion and we try to avoid this whenever possible. If there are any terms that you do not recognise when viewing the website you will be able to find their meaning here.
If someone owes you money and you cannot settle things in any other way, you may decide to issue a claim through the county court.
People also issue claims for other reasons, including:
- poor workmanship
- damage to their property
- road traffic accidents
- personal injury
- goods not supplied
- faulty goods
County courts deal with all these types of claims. You will sometimes hear people talk about the 'small claims court'. What they really mean is the special procedure for handling smaller claims in a county court.
An attachment of earnings order is a method by which money will be stopped from a defendant's wages to pay a debt and as such will only help if the defendant is in paid employment.
It is an order of the court placing a 'charge' on the judgment debtor's property, such as a house or a piece of land. The charge will be the amount you are owed. The charging order will not normally get you your money immediately, but it may safeguard your money for the future.
If the judgment debtor owns stocks or shares or has a fund or money in court, the court can also put a charge on these in much the same way as on property.
It is an order of the court placing a 'charge' on the judgment debtor's property, such as a house or a piece of land. The charge will be the amount you are owed. The charging order will not normally get you your money immediately, but it may safeguard your money for the future.
If the judgment debtor owns stocks or shares or has a fund or money in court, the court can also put a charge on these in much the same way as on property.
Sheriff's Officers are sometimes called High Court Enforcement Officers.
These are people employed by the High Sheriff, which is a political post. The High Sheriff appoints a Sheriff, usually a firm of solicitors. The Sheriff then appoints a bailiff company as the Sheriff's Officers. They will enforce and recover all the judgments from the High Court and certain large County Court debts.
When properly served, and it has to be formally served, this is a legal notice from the creditor to the debtor giving them 21 days to settle the debt otherwise a bankruptcy petition may be issued
These are the Court proceedings intending to make the debtor bankrupt. Some consequences of being made bankrupt are as follows
Credit consequences
An individual's credit rating will be affected for many years. Neither the official receiver nor the trustee has any influence over a debtor's credit rating.
Banking consequences
A bank may freeze or close an account of someone who is bankrupt. Some banks will allow a debtor to have an account; however the debtor must tell their bank that they have been made bankrupt. If a debtor has
any savings they will be transferred to their trustee.
Financial consequences
One of the biggest consequences of bankruptcy is the loss of control it brings. If you declare yourself bankrupt you will lose control of all of your assets. You will also be unable to get any credit over
£250.
Business consequences
Bankruptcy can result in you being forced to stop trading, and losing your professional status. It can adversely affect your employment or future prospects. It will place stringent controls on your financial affairs
and wreck your credit rating for years to come.
When properly served, and it has to be formally served, this is a legal notice from the creditor to the debtor (in this case, a company) giving them 21 days to settle the debt otherwise a winding up proceedings may be issued. If the company is "wound up" it ceases to exist.
This is when a county court has ordered the debtor to pay an amount of money details of the judgment will usually be entered on the Register of county court judgments.
Most entries stay on the Register for six full years.
Organisations such as banks, building societies and credit companies use the information on the Register when someone applies for credit such as a loan or overdraft. It helps them decide whether or not that person would be able to pay off the credit.
A liquidator is the officer appointed when a company goes into winding-up or liquidation, they have responsibility for collecting in all of the assets of the company and settling all claims against the company before the company ceases to exist.