Intangibles
A Stop Order applies where a debtor has an interest in funds. A Stop Order prevents payment of funds. Application is made to the Court having jurisdiction over the funds. The EJO prepares a draft Stop Order.
A Restraining Order can be made where the debtor has an interest in any shares in a private company incorporated in Northern Ireland. Where the EJO is satisfied that monies have been withheld or are likely to be withheld under a Restraining Order, it may make a Receiver Order or a Garnishee Order in respect of the money.
The EJO may make a Receiver Order requiring payment of periodical sums of money owing to the debtor to be made to the receiver and applied by the latter towards discharge of a debt. The power to appoint a receiver applies to all property and also applies to all payments to which the debtor may become entitled.
The effect of the Receiver Order is that the debtor restrains from receiving the subject matter or [missing text] with it to the prejudice of the creditor. The person who has been served with the Order must deal with it by payment to the receiver. Only an enforcement officer or deputy may be appointed as a receiver. An Order may be made against a share in a partnership. This relates to separate debts of the partners.
Where a debt is owed, an attachment of debts or Garnishee Order requires the debtor to pay the amount for the benefit of the creditor. The EJO makes an Order attaching all debts due or accruing to a judgment debtor from any person within the jurisdiction to satisfy a Judgment. Certain debts may not be the subject of a Garnishee Order.
Bank accounts may be the subject of a Garnishee Order. The Garnishee Order requires the entire debt to be applied towards a judgment debt unless a part is specified. The EJO requires the garnishee to pay the money to the EJO creditor rather than the creditor.
A Garnishee Order is made by the Master. Application may be made by the creditor but more normally by the chief enforcement officer. Once the Order is made, it must be served on the garnishee.
The garnishee must pay the debt to the EJO or show cause why payment should not be made. Under certain conditions, the creditor may enforce the Order as if it was a Judgment made against the garnishee. The garnishee himself can challenge liability.
Where the judgment debtor owes debts less than £5,000, the EJO may make an Administration Order if the debtor does not have the means to pay. This requires the debtor to pay debts notified on a pro-rata basis. This has not yet been used because of the low threshold.
A Recovery order gives an applicant entitlement to possession of land. A Notice of Intention to enforce a non-money Judgment is made to the EJO. Fees must be paid.
Under Northern Ireland law, the Administration of Justice Act allows discretion to adjourn Applications relating to a dwelling house. In other cases, the discretion is limited to adjournments or staying of execution to see if the mortgagor can pay off the debt.
The EJO has discretion to postpone in relation to enforcement orders of land. The Courts have interpreted this as discretion that could only be properly exercised in highly exceptional cases of hardship, where there is a real possibility that extra time could be given to comply with mortgage payments. There are arguments that discretion in the Rules in relation to possession of land should not be interpreted as such.
The EJO makes an Order for the delivery of possession of the land requiring it to be delivered to the respondent. They send it to the respondent and every person in possession.
The Order is executed by the EJO. Possession is delivered to the applicant. The EJO staff are immunised from liability, save for willful or negligent conduct. In the case of a dwelling house, the Health and Social Services Bboard for the area must be notified.
An order may be made for the delivery of goods or for their value. Similarly, under the Sale of Goods Act, an order for specific performance of the contract of sale of goods may be made.
Where a Judgment gives a person entitlement to the delivery of goods ascertained as specified goods, the EJO may make an Application for an order for the delivery of the goods. It is likely that it has no discretion here.
Notice of Intention to enforce the Judgment is given. A fee is paid. There are alternative forms depending on whether it is possible to pay money in lieu of the goods under the Order. Similar considerations in respect of the EJO’s power/discretion are an anomaly.