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?
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
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