The Sheriffs Are Coming has to be my favourite programme at the moment.
While every episode is the same – with Employment Tribunal and County Court money judgments finally catching up with rogue landlords and former employers – there is something quite satisfying watching people who’ve been cheated and bullied send Phil and Grant Mitchell looking High Court Enforcement Officers around to collect their debts. The bonus is watching disingenuous debtors trying to squirm off the hook – with excuses such as, “I’ve never seen this judgment” and “My solicitor’s going to get this set aside” vapourising with the Sheriff telling them s/he has a, “live Writ ordering us to take your goods, now”.
But I doubt every Writ represents a triumph of good v evil.
Many people I see during the course of my pro bono work think even if they don’t file a Defence to court proceedings, there will be a kindly judge who will understand the Claimant’s case has no merit. It’s a revelation to these clients that the court system will process claims and allow claimants to enter judgment in default unless they file a Defence within the prescribed time limits. And it’s a shock when they realise that judgments are immediately payable (unless otherwise noted on the Order).
“Immediately payable” means the judgment creditor is entitled to enforce right away. Depending on the type and amount of the judgment, enforcement can include a Sheriff’s visit to collect goods in lieu if a debtor cannot come up with cash on the spot.
Obviously, the moral of the story is to avoid court and tribunal judgments in the first place. It means dealing with matters as they arise – and not ignoring letters with the hope it will all go away.
It means getting independent legal advice before that county court judgment is transferred up to the High Court and the Sheriffs arrive.
Related: Enforcement of County Court Judgments & Employment Tribunal Orders
A friend who lived in Germany for several years once told me that the authorities there were permitted to enter the homes of debtors and collect goods that hadnt been payed for in full. I think he called the practice “red lettering” because the authorities would leave a red letter for the debtor explaining that once sufficient payment had been made the items in question could be collected from the local station. How bizarre.
Twitter: stokenewington
on April 2, 2012 at 2:36 pm
Hey Bruce
The Sheriffs go back to saxon times. The Sheriffs are ordered by the court to enforce judgments and they can be a very effective way of focusing a debtor’s mind.
There’s nothing quite like Phil & Grant Mitchell going into a company to levy distress on its goods to persuade the CEO to get out his debit card.
In my time, I’ve only instructed Sheriffs once – and that was when I knew my opponent was never going to pay the court judgment. The Sheriffs rocked up to their office the next day and the problem was resolved on the spot.
The Sheriffs here can’t break into someone’s home – because an Englishman’s home is still his castle – but they can clamp your car in the driveway!
You say the moral of the story is not to ignore court orders in the first place, but after watching this series, i beg to differ…..
Surely the moral of the story is ignore the complainant until he gets a judgement, then quickly transfer your “limited company’s” assets to a new company with a slightly different name and liquate the old company. In each case which this was done, the “Sheriffs” could do nothing and no justice was served.
The fact that one limited company’s assets can be so easily transfered to another makes the law look like a complete joke. The guy with the boat lost £30k! and the guy with the verdi ferrari guy lost £20k due to this tactic.
You say the moral of the story is not to ignore court orders in the first place, but after watching this series, i beg to differ…..
Surely the moral of the story is ignore the complainant until he gets a judgement, then quickly transfer your “limited company’s” assets to a new company with a slightly different name and liquate the old company. In each case which this was done, the “Sheriffs” could do nothing and no justice was served.
Twitter: stokenewington
on April 4, 2012 at 10:53 am
Hi Patch
You’re right in that some debtors manage to slip through the net.