Q&As

Where the judgment debtor is in prison can you make a CPR 71 request for further information against them or can the High Court Enforcement Officer attempt recovery at the judgment debtor’s last known address?

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Produced in partnership with Phil Roberts of Clarke Willmott
Published on: 30 August 2017
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Enforcing a judgment against a Debtor who is in prison

Enforcing a judgment against a debtor who is in prison is a difficult proposition. It is worth considering the length of the custodial sentence and whether it is possible to monitor the judgment debtor’s release so as to enforce at a later date. The time frame for enforcing a judgment Debt is six years. This period can be extended by application to the court if you can show good reason for not enforcing within six years. The judgment debtor’s imprisonment would seem to be a good reason for seeking permission to enforce outside of the six-year period if the imprisonment prevented Enforcement during that time.

The success of any enforcement will be dependent on what assets the judgment debtor has. The judgment debtor’s imprisonment will not necessarily put those assets out of the reach

Phil Roberts
Phil Roberts

Phil began his career in debt recovery over 20 years ago and went on to join national law firm Clarke Willmott LLP in 2004. He is now a partner in the firm and jointly leads the firm's Debt Recovery team. The team is one of the largest in the UK, and its client base includes government departments, local authorities, utility companies, insurance companies, commercial businesses and FCA regulated companies.

Phil leads on all complex cases and technical queries and manages a personal caseload of bespoke, complex recovery actions. He has particular expertise in insolvency action (defended and undefended), all forms of debt litigation (volume, defended and undefended), enforcement, judicial review, complex orders for sale and leasehold recoveries.

The Debt Recovery team is ranked in tier 1 by the Legal 500 and Phil has been recognised by clients previously in the directory for providing 'proactive recovery solutions', being 'calm and reassuring' and being 'Diligent and conscientious'.

Phil is recognised as an expert in the field of debt recovery litigation and is regularly invited to speak at conferences and other events.

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Jurisdiction(s):
United Kingdom
Key definition:
Debt definition
What does Debt mean?

The debt is the amount payable to fund a scheme shortfall when an employer stops participating in the scheme.

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