Application To Enforce A Money Judgment by etssetcf

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									7                                                               EJO
                                                                Bedford house
                                                                Bedford Street
                                                                Belfast
                                                                BT2 7FD




     ENFORCEMENT OF JUDGMENTS PACK


                Application To Enforce A
                   Money Judgment

    This pack contains the following papers.

    1. * Form 1 (To serve the Notice of Intention on Debtor).

    2. * Form 3 (Application for full enforcement).

    3. * Fee Sheet (Used to look up fee when applying for full Enforcement).

    4. * Instructions on how to complete the above Forms and the Enforcement

       procedure.

    5. * A Search request Form (Optional).

    6. Cheques & Postal Orders to be made to the “Enforcement of Judgments
       Office


                                                                            Page 1 of 13
                                                                               Version 3
                                                                           15 April 2008
  HAVE YOU BEEN AWARDED A COURT ORDER/DECREE
    AND WISH TO HAVE IT ENFORCED? READ ON…..

  What should I do now?

• Obtain an original copy of your court order/decree from the
  courthouse (contact the courthouse for details)
• If you do not receive payment from the person who owes you
  money after a reasonable time (normally 2 weeks) you can come
  to us at the Enforcement of Judgments Office
• Please check to see if there has been a Stay of Enforcement
  placed on the decree (a Stay of Enforcement is a condition set by
  the Judge on the day of the hearing, e.g. the Judge may have
  granted a stay of enforcement of the decree provided that the
  debtor pays £5.00 per week) as you will have to have this
  removed before enforcing the judgment (contact courthouse for
  details)

  For advice on completing application forms and the costs of
  applying for enforcement please visit us at:
  www.courtsni.gov.uk/en-gb/services - or alternatively

  E-Mail us: postroomejo@courtsni.gov.uk
  Contact one of our Customer Liaison Officers, these are –
  Team A - Isobel Atkinson isobelatkinson@courtsni.gov.uk 02890724856
  Team C - Cathy Brock     cathybrock@courtsni.gov.uk     02890724800
  Team B - Jane Harris     janeharris@courtsni.gov.uk     02890724831
  Team B - Andrew Dodds andrewdodds@courtsni.gov.uk 02890724832
  Accounts – Chris Hilman chrishilman@courtsni.gov.uk 02890724862

  What can the E.J.O. do for me?

• We aim to recover the money to the best of our abilities.
  However successful enforcement cannot always take place, this
  could be due a number of things, for example - the debtor having
  no assets or earnings. We also advise you to complete both an
  E.J.O. search and a bankruptcy search, these will show you if the
  debtor has any other debts or if anyone has applied to make them
  bankrupt.
   TO RECOVER MONEY THROUGH THE ENFORCEMENT OF
                JUDGMENTS OFFICE
(At 6th Floor, Bedford House, Bedford Street, Belfast BT2 7DS – Tele 90245081)


   (1)     Obtain Decree/Certificate of Award from Court.

   (2)     It is advisable to have the debtor’s name searched in the index to discover if there
           are any other debts lodged against him/her. (Fee at present is £8.00 via the EJO
           Debt Register Online and is non-returnable. If an officer of court in the EJO
           conducts the search the fee will be £18.00. The fee is subject to change and EJO
           staff will advise of any increase on request).

To proceed there are two stages to follow: -



                            Stage 1 – Notice of Intention

Complete Form 1 in duplicate and return to EJO together with two copies of Certificate of
Award (this is not your Notification) and appropriate fee (see below). EJO will send a copy of
these papers to the debtor and return a copy to you.

Your returned copy will have a covering letter with Notice number and barcode and date Notice
was served. The debtor has 10 days from the service date of your Notice to pay the debt in full
or to come to an amicable arrangement. If the debt is paid at this stage you cannot recover the
fee* and no further action is required. If the debtor does not contact you then go on to Stage 2.



                                   Stage 2 – Application
(This stage may be commenced after 10 days but within 3 months of the service date of Notice)


Complete Form 3 and return with the following papers: -
Covering Letter with Notice number/barcode and date Notice was served.
Certificate of Award
Form 1

Send the above papers to EJO together with the appropriate fee+ (ie fee is based on outstanding
amount plus interest).
Interest = Outstanding Debt x No. of days from Court date x 0.08
              365                   to date on Form 3 (the EJO Cannot recover any further
                                    interest on this judgment)

This fee+ plus the Notice of Intention fee* will be added to the judgment debt upon acceptance
and will be recoverable from the debtor.

Applications can take up to two weeks to be processed and confirmation of acceptance will be
sent to you by letter quoting the serial number allocated to your case. The serial number should
be quoted at all times on any correspondence sent to EJO.

* Present fee for Notice of Intention - £20.00
+ The fee at this stage depends on the amount recoverable. Please contact EJO to find out the correct fee for
your case.
If contacting the Office with any queries please have Cheque Details at hand (ie Sort Code, Account
Number and Cheque Number)
                                                       FORM 1 (to be submitted in duplicate)
                                                                                                               Rule 6(1)
                            NOTICE OF INTENT TO ENFORCE A MONEY JUDGMENT
                        JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981
                                                       BETWEEN
      NAME/ADDRESS OF DEBTOR/RESPONDENT                                  NAME/ADDRESS OF CREDITOR/APPLICANT




        Post Code                                                    Post Code

To:(Name of Debtor) __________________________________
Of:(Address of Debtor) __________________________________________________________________

TAKE NOTE that you owe the Creditor/Applicant the sum of £                    together with interest at the rate of 8% per
annum (if judgment is greater than £200.00) which is the amount due on foot of a judgment given against you in the
above matter and a copy of which is attached.
YOU HAVE 10 DAYS from the date of this notice within which to pay this amount to :
_________________________________________________________________________ (Name of Creditor/Solicitor)
________________________________________________________________________(Address of Creditor/Solicitor).
If you do not pay proceedings will be taken to enforce the judgment against you.

                                                      REQUISITION
The Chief Enforcement Officer, Enforcement of Judgments Office, 6th Floor, Bedford House, Bedford Street, Belfast,
BT2 7FD. Please issue and serve the above Notice of Intent to proceed on the debtor at the above address, which is the
present address of the debtor to the best of my/our knowledge, information and belief:

                       APPLICANT/DULY AUTHORISED PERSON/APPLICANTS SOLICITOR
NAME:

ADDRESS:

PHONE NUMBER:                                               REFERENCE NUMBER:
SIGNED:                                                     DATED

Creditor/Solicitor for the Creditor

Date of Service:__________________________This date will be completed by EJO
                                                ADVICE TO DEBTOR
A notice of intention to proceed for enforcement of the above/attached Judgment has now been issued through this Office
and is herewith served on you pursuant to Rule 7 of the Judgment Enforcement Rules 1981.
If you pay the full amount set out on the above/attached Notice within 10 days the matter will be at an end. If payment
is delayed beyond 10 days and the creditor/applicant lodges an application for full enforcement, you will be
required to pay an additional £20.00 for the issue of this Notice AND the costs and expenses of an application for
full enforcement.
As soon as the creditor applies to the Office for enforcement a custody warrant will issue against all your goods. This
means that your goods will come under the control of the Office and it is then an offence, punishable by a fine not
exceeding £400.00 or by imprisonment for a term not exceeding 6 months, or both, for you or any other person to
interfere with the goods.
Once an application for enforcement has been made the Enforcement of Judgments Office may make such orders under
the Judgments Enforcement (Northern Ireland) Order 1981 as may be necessary to ensure payment of the amount
recoverable on foot of the Judgment and your name will be published in the Register of Judgments, which may be viewed
by the public.
PLEASE NOTE THAT PAYMENT/QUERIES SHOULD BE MADE DIRECTLY TO THE CREDITOR OR
THEIR SOLICITOR AT THEIR ADDRESS
ALL ENQUIRIES TO:_____________________________________________________________________________
                                                                     FORM 3

APPLICATION FOR ENFORCEMENT OF A MONEY JUDGMENT IN THE
ENFORCEMENT OF JUDGMENTS OFFICE

        NAME/ADDRESS OF CREDITOR/APPLICANT                                              NAME/ADDRESS OF DEBTOR/RESPONDENT




      Post Code                                                                         Post Code

1.Application for enforcement is hereby made by_______________________________________________The
person entitled to enforce the judgment given in the above matter.

2. The amount due on foot of the said judgment is £            including the sum of £        for interest at the
rate of 8% (if judgment is greater than £200) calculated on the balances from time to time due.

3. I certify that so far as I am aware the said judgment is not subject to the recoupment of sums equivalent to
Social Security Benefits provisions in Part IV of the Social Security Administration (N.I.) Act 1992(a) (3)

                                                         OR
I certify that the said judgment was or is subject to the recoupment of sums equivalent to Social Security
Benefits Provisions in Part IV of the Social Security Administration (N.I.) Act 1992 and the amount due on foot
the said judgment, specified above, is the net amount, that is, the amount due minus the amount which has or
should have been paid to the Department of Health & Social Services under those provisions.

4. There is no restriction on the right to enforce the judgment under any enactment or under the Judgment
Enforcement Rules (N.I.) 1981

5. Application for Attachment of Earnings is annexed hereto

6. In the event of the debtor failing to give particulars as to his means or to attend for examination we request
that a Warrant for his/her Arrest issues
                                                           PARTICULARS
1.The Applicant’s address for service is:
       Enter applicants/solicitors full name & address details




       Phone No.


2.It is certified that inquiries have been made and that the present address of the debtor is believed to be:
      Enter debtors/respondents full address details




                                                 The particulars above are true and correct

                                    SIGNED                                                   DATED


       Please ensure that your application is signed & dated otherwise it will be returned
               THE ENFORCEMENT OF JUDGMENTS OFFICE
                         7TH Floor Bedford House, Bedford Street, BT 425 516
                   Telephone (028) 90245081 Fax (028) 90313520 DX 2933 NR. Belfast




                                             Form 7
                               Application For Attachment of Earnings Order




BETWEEN



Plaintiff / Applicant


                                                     &


Defendant / Respondant




I,                                                                     ,the creditor in the above matter,
hereby apply for an Attachment of Earnings Order against,                                , the debtor in the
above matter.




Signed…………………..


Applicant / Solicitor for the Applicant



Dated this          day of                  20
                        IN THE ENFORCEMENT OF JUDGMENTS OFFICE

                               APPLICATIONS FOR ENFORCEMENT

                                                 FEES

The following table represents fees payable on enforcement applications and is effective from 1 September
2004

Judgment Debts not exceeding £300.00

Judgment Debts
not exceeding

£            £            £            £           £            £            £             £
Minimum
Fee          15.00        75           22.50       100          30.00        125           37.50
51           15.30        76           22.80       101          30.30        126           37.80
52           15.60        77           23.10       102          30.60        127           38.10
53           15.90        78           23.40       103          30.90        128           38.40
54           16.20        79           23.70       104          31.20        129           38.70
55           16.50        80           24.00       105          31.50        130           39.00
56           16.80        81           24.30       106          31.80        131           39.30
57           17.10        82           24.60       107          32.10        132           39.60
58           17.40        83           24.90       108          32.40        133           39.90
59           17.70        84           25.20       109          32.70        134           40.20
60           18.00        85           25.50       110          33.00        135           40.50
61           18.30        86           25.80       111          33.30        136           40.80
62           18.60        87           26.10       112          33.60        137           41.10
63           18.90        88           26.40       113          33.90        138           41.40
64           19.20        89           26.70       114          34.20        139           41.70
65           19.50        90           27.00       115          34.50        140           42.00
66           19.80        91           27.30       116          34.80        141           42.30
67           20.10        92           27.60       117          35.10        142           42.60
68           20.40        93           27.90       118          35.40        143           42.90
69           20.70        94           28.20       119          35.70        144           43.20
70           21.00        95           28.50       120          36.00        145           43.50
71           21.30        96           28.80       121          36.30        146           43.80
72           21.60        97           29.10       122          36.60        147           44.10
73           21.90        98           29.40       123          36.90        148           44.40
74           22.20        99           29.70       124          37.20        149           44.70
£     £       £     £       £     £       £     £
150   45.00   185   55.50   220   66.00   255   76.50
151   45.30   186   55.80   221   66.30   256   76.80
152   45.60   187   56.10   222   66.60   257   77.10
153   45.90   188   56.40   223   66.90   258   77.40
154   46.20   189   56.70   224   67.20   259   77.70
155   46.50   190   57.00   225   67.50   260   78.00
156   46.80   191   57.30   226   67.80   261   78.30
157   47.10   192   57.60   227   68.10   262   78.60
158   47.40   193   57.90   228   68.40   263   78.90
159   47.70   194   58.20   229   68.70   264   79.20
160   48.00   195   58.50   230   69.00   265   79.50
161   48.30   196   58.80   231   69.30   266   79.80
162   48.60   197   59.10   232   69.60   267   80.10
163   48.90   198   59.40   233   69.90   268   80.40
164   49.20   199   59.70   234   70.20   269   80.70
165   49.50   200   60.00   235   70.50   270   81.00
166   49.80   201   60.30   236   70.80   271   81.30
167   50.10   202   60.60   237   71.10   272   81.60
168   50.40   203   60.90   238   71.40   273   81.90
169   50.70   204   61.20   239   71.70   274   82.20
170   51.00   205   61.50   240   72.00   275   82.50
171   51.30   206   61.80   241   72.30   276   82.80
172   51.60   207   62.10   242   72.60   277   83.10
173   51.90   208   62.40   243   72.90   278   83.40
174   52.20   209   62.70   244   73.20   279   83.70
175   52.50   210   63.00   245   73.50   280   84.00
176   52.80   211   63.30   246   73.80   281   84.30
177   53.10   212   63.60   247   74.10   282   84.60
178   53.40   213   63.90   248   74.40   283   84,90
179   53.70   214   64.20   249   74.70   284   85.20
180   54.00   215   64.50   250   75.00   285   85.50
181   54.30   216   64.80   251   75.30   286   85.80
182   54.60   217   65.10   252   75.60   287   86.10
183   54.90   218   65.40   253   75.90   288   86.40
184   55.20   219   65.70   254   76.20   289   86.70
£     £       £   £   £   £   £   £
290   87.00
291   87.30
292   87.60
293   87.90
294   88.20
295   88.50
296   88.80
297   89.10
298   89.40
299   89.70
300   90.00
£          £       £         £      £        £
    400   109.00   3,500   446.50   6,600   517.80
    500   121.00   3,600   448.80   6,700   520.10
    600   133.00   3,700   451.10   6,800   522.40
    700   145.00   3,800   453.40   6,900   524.70
    800   157.00   3,900   455.70   7,000   527.00
    900   169.00   4,000   458.00   7,100   529.30
1,000     181.00   4,100   460.30   7,200   531.60
1,100     218.50   4,200   462.60   7,300   533.90
1,200     227.00   4,300   464.90   7,400   536.20
1,300     235.50   4,400   467.20   7,500   538.50
1,400     244.00   4,500   469.50   7,600   540.80
1,500     252.50   4,600   471.80   7,700   543.10
1,600     261.00   4,700   474.10   7,800   545.40
1,700     269.50   4,800   476.40   7,900   547.70
1,800     278.00   4,900   478.70   8,000   550.00
1,900     286.50   5,000   481.00   8,100   552.30
2,000     295.00   5,100   483.30   8,200   554.60
2,100     303.50   5,200   485.60   8,300   556.90
2,200     312.00   5,300   487.90   8,400   559.20
2,300     320.50   5,400   490.20   8,500   561.50
2,400     329.00   5,500   492.50   8,600   563.80
2,500     337.50   5,600   494.80   8,700   566.10
2,600     346.00   5,700   497.10   8,800   568.40
2,700     354.50   5,800   499.40   8,900   570.70
2,800     363.00   5,900   501.70   9,000   573.00
2,900     371.50   6,000   504.00   9,100   575.30
3,000     380.00   6,100   506.30   9,200   577.60
3,100     437.30   6,200   508.60   9,300   579.90
3,200     439.60   6,300   510.90   9,400   582.20
3,300     441.90   6,400   513.20   9,500   584.50
3,400     444.20   6,500   515.50   9,600   586.80
£                     £           £                       £        £              £
9,700                589.10
9,800                591.40
9,900                593.70       Plus £1.80 per additional
                                  £100.00 or part thereof of the
10,000               596.00
                                  sum due in excess of
10,000+              645.00       £10,000.
Article 23 Application
(Discovery) - £150.00

Application                 for
Repossession
of Land - £515

Application          for
Repossession of Goods -
£165.00

Notice of Intention - £20

Certificate of Satisfaction -
£15.00

Search Fee (per person) -
£18.00 if completed within
the EJO by an officer of the
court

Online Search Fee – EJO
Debt Register via the court
service website (per person)
–£8.00



Stays     of   Enforcement-
£20.00




The Northern Ireland Court Service from 24 September 2007 has introduced an Exemption and

Remission of Fees Policy which means dependent on your circumstances you may be exempt from paying

fees or if applicable pay a reduced rate of fees. An application form is available from the Court Service

Website www.courtsni.gov.uk or contact the Information Centre for more information on

(028) 90 328594
                                          NI COURT SERVICE
                              ENFORCEMENT OF JUDGMENTS
                                   SEARCH REQUEST
                              (All details to be completed in BLOCK CAPITALS)
                                              Search Details
SURNAME


FIRST NAME


OTHER NAMES


CURRENT ADDRESS




PREVIOUS ADDRESSES
(If known)




                                            Recipient Details
SEARCH RECIPIENT


SEARCH TO BE COLLECTED (Y/N)


SEARCH TO BE RETURNED BY POST (Y/N)


SEARCH RETURN ADDRESS




                                           For Official Use Only
Completion Time/Date


Payment:-              Cash   £             Cheque   £             Other   £


Initials                      BTMD1.APR

								
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