Under Part 70, may a judgment creditor use any enforcement method unless the statute says otherwise?

Under Part 70, may a judgment creditor use any enforcement method unless the statute says otherwise?

• A. Yes, unless there is an enactment, rule or PD stating otherwise.
• B. No, only one method may be used.
• C. Yes, but only with court permission.
• D. No, enforcement methods are fixed by the court.

Answer: (A)

Part 70 lays out a toolbox of ways a judgment can be enforced, and the starting point is that a judgment creditor may choose any of those methods unless a statute, rule or Practice Direction says otherwise. In practice, you can use methods such as a warrant of control to seize goods, an attachment of earnings, a third party debt order, or a charging order, among others, as long as the applicable rule or PD allows it. Only if there is a specific enactment, rule or PD that restricts or prescribes a particular method would that limit the creditor’s choice. So this is best viewed as a general freedom to pick an enforcement route within Part 70, not a fixed, single-path process mandated by the court. The other options misstate the default: there isn’t a blanket requirement to get court permission for every method, nor are enforcement methods fixed by the court, nor is there only one method available.

Part 70 lays out a toolbox of ways a judgment can be enforced, and the starting point is that a judgment creditor may choose any of those methods unless a statute, rule or Practice Direction says otherwise. In practice, you can use methods such as a warrant of control to seize goods, an attachment of earnings, a third party debt order, or a charging order, among others, as long as the applicable rule or PD allows it. Only if there is a specific enactment, rule or PD that restricts or prescribes a particular method would that limit the creditor’s choice.

So this is best viewed as a general freedom to pick an enforcement route within Part 70, not a fixed, single-path process mandated by the court. The other options misstate the default: there isn’t a blanket requirement to get court permission for every method, nor are enforcement methods fixed by the court, nor is there only one method available.