DMBM666640 - Enforcement action: county court proceedings: reviewing the enforcement strategy: the judgment debtor offers information or payment after the order has been served

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If the judgment debtor offers to provide evidence of means at the time of service of the notice or afterwards, but before the date of the hearing, you may accept as long as you make it clear and the judgment debtor understands that

  • they are providing the information voluntarily;
  • it may be used later to enforce payment; and
  • they are still required to attend the hearing.

It is essential the judgment debtor understands that if they do not attend the hearing they may be arrested and brought before the court.

Record the information on a ‘Statement of County Court Judgment Debtor’s Circumstances’. If sufficient information is obtained to enable enforcement action to be taken (for example warrant of execution or charging order) you may take the appropriate enforcement action without waiting for the hearing, provided the judgment debtor is already in arrears under the order or judgment.

Information for other business areas

Where you receive information that may be relevant to other business areas (for example details of assets)

Indirect taxes

For indirect tax matters such as VAT or customs duties

  • complete form 5x5x5 and
  • email the information to National Coordination Unit (NCU, General Enquiries (RIS)).

Where the matter is urgent

  • telephone (This content has been withheld because of exemptions in the Freedom of Information Act 2000) 
  • confirm that the HUMINT process does not apply.

Direct taxes

Where the information relates to direct tax matters

  • fax the information to the Centre for Research and Intelligence (CRI) on (This content has been withheld because of exemptions in the Freedom of Information Act 2000) or where the matter is urgent
  • telephone on (This content has been withheld because of exemptions in the Freedom of Information Act 2000) 
  • confirm the HUMINT process does not apply.

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Offers of payment

Part payment

If the judgment debtor offers payment for less than the amount outstanding you should

  • accept it and bring it to account in the usual way
  • advise the judgment debtor that they are still required to attend the hearing.

Payment in full

If the judgment debtor offers payment in full you should accept it and bring it to account in the usual way.

Where the payment is made by cheque and there is insufficient time for the cheque to clear before the hearing,

  • apply to the court to adjourn the hearing
  • advise the judgment debtor of your action.

If the cheque clears before the hearing, advise the court and judgment debtor that the case is settled.