0

Alice brings a claim against Bob for £X,000. Bob owns property worth £30,000.

Bob has taken steps clearly indicating that he is trying to sell the property, such that Alice fears, by the time of the conclusion of her claim, he will be judgment-proof and impervious to judgment enforcement.

Can Alice obtain a preliminary charge on his property, to protect against this scenario, pending the conclusion of proceedings?

It seems similar to the idea of a deposit as security for costs at the outset of defending or waging proceedings.

user80346
  • 831
  • 2
  • 16

1 Answers1

3

Judgments are for a long time

If Bob is penniless at the moment of the judgment, that does not make the judgment or debt go away. Money judgments are good to collect on for decades and can not be divested of by bankruptcy. Like 30 years in .

While Bob might be without funds now, Alice can request wage garnishment or collection again and again till the judgment + interest + costs to satisfy it are extinguished. This means it is in Bob's interest to pay up as soon as possible.

Liens

Alice might file for a lien to prevent sales in case she has the proper paperwork that already establishes a debt of Bob to her. With a lien on the title, no sale can go through, and to remove the lien, the lienholder Alice needs to be paid.

Injunction

Alice might file for a preliminary injunction against the sale to preserve the property in case she has an ownership interest in it. Injunctions that can be satisfied with money are super rare though.

Trish
  • 50,532
  • 3
  • 101
  • 209