Response to This is a question and a response to limitation periods

James,

A solicitor has passed me the following. He says what you say is basically correct, it's more a question of terminology.....

You need to distinguish between a judgment and enforcing the judgment.

Section 24(1) says that any 'action' to enforce a judgment is subject to a six year limitation period. Enforcing an existing judgment is not action for the purposes of LA '80 (Lowsely v Forbes) but, for example, issuing a bankruptcy petition against a judgment debtor is.

All this is, of course, subject to acknowledgment and part payment.

However, it is still possible for a creditor to take 'action' in respect of the last 6 year's interest that has accrued on judgment even though the action on the judgment itself is statute barred. I think this is s24(2) but I haven't got a copy of the Act to hand.

Once a creditor has got a judgment, there are a number of ways that the judgment casn be enforced. They are:

1. 'Execution against goods' - use of the county court bailiff or the High Court sheriff to seize the debtor's goods to pay the judgment. In the county court this is known as a 'warrant of execution' and in the High Court as a 'writ of execution' or 'writ of fi fa'. Use of the High Court Sheriff and the county court bailiffs are subject to the six year limits prescribed by the rules of court. The relevant caselaw on whether a creditor should be given leave is Duer v Frazer and Patel v Singh.

2. Attachment of earnings, charging orders and third-party debt orders(garnishee orders). These other methods of enforcement are not subject to any time limits. Oral exams (now called 'information orders') are not technically enforcement.

So, in a nutshell, it is only the use of execution against goods - use of bailiffs or the Sheriff that, is subject to time limits. All other methods of enforcemant are not.

Hope this clears this up.

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