How Do I Enforce A Court Order?

[bustrainwalkwalk]

I have had a Court Order to sell a property I won with my ex. He refuses to comply with it and still refuses to sell. At Court the Judge told him if he won't comply he is in contempt of Court and I can apply to have it enforced.

I made an application asking for the Order to be amended to say I have sole conduct of the sale as he simply won't sign the Estate Agent's Marketing agreement. At the hearing (which I waited 2 months for) the Judge said he wouldn't amend the Order and I must apply for enforcement. I asked how and he said it's not his job to tell me. I thought I had done the right thing in applying to have the Order tweaked to allow for it to be carried out.

All I can find online is ways to enforce a money Judgement - Bailiffs, Deductions of earning etc. How on Earth can I force him to sign a document. I'm so confused and have literally now hit a brick wall. Any help much appreciated.

I'm representing myself, can fill out the forms and speak for myself at the hearings I just don't know the correct procedure - what form do I use and what do I ask for? I really though asking for sole conduct was the way to go.

Hopeful bump...

Well that was astonishingly unhelpful of your judge!

Get onto CAB and they might be able to point you in the right direction. You'll have to go back to court for enforcement, but you need to find the correct forms and procedure.

From what I can tell by a quick google, to enforce a charging order for sale (which I presume is what you've got) you need to go back to the court you got the order from. You make a claim in the usual way (a Part 8 claim)'and attach a copy of the order for sale.

Phone the court and ask them. They should be able to help you.

Try looking/asking on Terry's Divorce Forum (google it) I'm fairly sure I read something about that on there recently.

I think it would be sensible to appoint a solicitor.

You need to make sure you comply with the requirements to give him notice and a chance to settle before you take enforcement action. The solicitor will make it plain that you will seek the costs of enforcing the order as well as enforcing the order itself.

Depending on Jurisdiction you will require a decree for payment of any sum, then contact a Sheriff Officer (Scotland) or a bailiff (England and Wales) to enforce the decree.

A solicitor is not needed for enforcing a judgement for payment, only a qualified person to collect the debt.

It's not a money judgement though, it's an order for sale