Attachment of Earnings
An order that directs an employer of a debtor to deduct regularly an amount, fixed by the Court, from the debtor's earnings and pay that sum into Court.
Bailiff
Officer of the County Court empowered to serve Court documents and execute warrant.
Bankrupt
Insolvent - unable to pay creditors and having all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors; as a result of an order under the Insolvency Act 1986.
Bankruptcy
An individual is declared bankrupt by the court either at their own request or as a result of action taken by a creditor. A trustee in bankruptcy will be appointed to realise a bankrupt's assets.
Bond
The insurance cover needed by a licensed insolvency practitioner when appointed to deal with the insolvency of an individual. The cost of the bond is payable from the estate. The bond may also be describes as a specific penalty bond.
Charging Order
An order directing that a charge be registered at the Land Registry on property owned by the debtor. This is also a form of enforcing civil debt. An order preventing the sale or disposal of a property until the charge has been cleared.
Interim Order
A court order freezing creditors' rights prior to the approval of an individual voluntary arrangement.
Nominee
A licensed insolvency practitioner appointed by an individual (debtor) to assist the individual in the preparation of his/her proposals to be laid before creditors. Note: the nominee would normally become the supervisor once the proposals have been accepted by creditors.
Official Receiver
A civil servant employed by the Department of Trade and Industry who is responsible for many aspects of bankruptcy and compulsory liquidation.
Oral Examination
A method of questioning a person under oath before an officer of the Court to obtain information.
Petition
A method of commencing proceedings whereby the order required by the petitioner from the Court is expressed as a prayer, eg the petitioner therefore prays that the marriage be dissolved (divorce proceedings)
Sheriff
An officer of the Crown whose duties, amongst other things, consist of the enforcement of High Court writs of execution.
Statutory Demand
A document issued by someone who is owed monies. The person or corporate receiving it has 21 days in which to respond. You should take it seriously and contact the person/corporate and discuss your situation with them. Likewise if you are issuing a statutory demand against someone who owes you money, make sure that the debt is due and owing to you at the time of issue.
Your failure to respond as a debtor may result in a creditor petitioning for your bankruptcy. If you are the creditor and have not received any communication within the 21 day period you may proceed to petition for the bankruptcy of an individual or the compulsory winding up of a company.
Summons
Order to appear or to produce evidence to a Court Also the old name for a claim form.
Supervisor
A licensed insolvency practitioner, who implements an individual's voluntary arrangement.
Walking Possession
A signed agreement by a debtor not to remove goods levied by a bailiff under the authority of a warrant of execution and to allow the bailiff access at any time to inspect the goods, in consideration of which the bailiff leaves the goods in the possession of the debtor.
Warrants of Execution
Method of enforcing a judgment for possession of a property whereby a bailiff is authorised to evict people and secure against re-entry.
Writ
Writ issued by the court directing a sheriff to levy execution upon a debtor's goods.