How Do Orders To Obtain Information Help Me?
 
An Order to Obtain Information can help you if you are stuck on what method of enforcement to choose. It is designed to help you find out directly from your debtor what assets and liabilities they have and can be made against individuals, sole traders, partners, and companies.

We can’t say it is a procedure which will instantly get you your money but it does have some tactical advantages – such as demonstrating to your debtor you are serious about getting your money. But that aside what it will do is put you on a path to having more information about what assets and liabilities your debtor really has.

If you decide you want to try this approach, the judgment debtor will be ordered to come to the court to be questioned, on oath, by a court officer. The sort of information which can be obtained includes:
  • the current employment status of the debtor – which may point to making an attachment of earnings application;
  • and if appropriate, details of employer and wages or salary;
  • details of the debtor’s dependents and outgoings paid from income;
  • details of any additional income;
  • details of any property owned (house, car, caravan, etc.), which may have a saleable value – which may lead to a decision to apply for a charging order;
  • details of any bank or building society accounts and the balances in them – which may lead to starting a third party debt order application.
The questions the court officer will ask the judgment debtor are set out in on a standard questionnaire being court form EX140 and which is called a “Record of Examination”. A copy of the questionnaire can be downloaded from the HMTCS website.

At Shergroup Legal we don’t actively encourage the use of this court based method of finding out about the assets of the Judgment Debtor as our experience shows that it is costly, long-winded and is very rarely successful.

Instead if we consider you need more information about your debtor’s assets either before starting your claim or after you have got your judgment we encourage you to use our related Shergroup Enforcement service using specially trained Enforcement Officers who are looking for information from the debtor about his or her assets.

The Recovery Officer uses a standard questionnaire and interviews the debtor at his or her address to find out their real situation. We then publish our report online for you and we can give you recommendations on your next enforcement step.

The initial investment is significantly less than an order to obtain information and we aim to get the initial report to you within 14 days of your instruction.

For more information about this service please contact Shergroup Legal on

+44 (0)845 890 9200

and one of our friendly legal team will be able to help you decide if this is the right course of action for you.