• 0800 015 0340
  • Contact Us
    • All Offices
    • Leeds City Centre
    • Bradford City Centre
    • Huddersfield
    • Wakefield
    • Halifax
    • Morley
    • Horbury
    • Guiseley
  • IIC logo
Menu
  • About Us
  • Vision & Values
    • Visions & Values
    • Health and Wellness
    • Charity & Community
    • Prizes & Awards
    • Sponsorship
  • Your Team
  • Media
    • The Hub
    • Downloads
  • Free Training
  • Careers
  • Testimonials
Chadwick Lawrence
Trustpilot
  • Business Services
    • Employment Law
      • Employment Law
      • BoxHR
    • Complete Property Solutions
      • Complete Property Solutions
      • Commercial Property Transactions
      • Development & New Build Sales
      • Property Dispute Resolution
      • Sales & Purchases of Property
      • Commercial Land Development
      • Boundary Disputes, Land Ownership, Rights, Breach of Contract, Misrepresentation & Damage to Property
      • Leases of Commercial Premises for Landlords or Tenants
      • Land Acquisition for Residential Development & New Build Sales
      • Breaches of Leases, Rent & Service Charge Issues
      • Mortgage Finance & Security
      • Option Agreements & Conditional Contracts
      • Claims Against Property Professionals
      • Leasehold Management
      • Planning Agreements
      • Judicial Review
      • blank
      • blank
      • Lease Renewals, Termination & Dilapidations
    • Corporate & Contracts
      • Corporate & Contracts
      • Banking & Finance
      • Commercial Contracts
      • Corporate Advisory
      • Mergers & Acquisitions
      • LINK
    • Corporate Recovery & Insolvency
      • Corporate Recovery & Insolvency
      • Administration
      • Fraudulent Trading
      • Wrongful Trading
      • Preferences
      • Transactions at an Undervalue
      • Director Disqualification
      • Company Restoration
      • Winding-Up Petitions
      • Statutory Demands
      • Individual Voluntary Arrangements
      • Bankruptcy
      • Validation Orders
      • Administrative Receivership
      • Company Voluntary Arrangements
      • Liquidations
      • FAQs
    • Intellectual Property
      • Intellectual Property
      • Contracts and Licenses
      • Trademarks
      • Design Rights
      • Enforcement
      • Restrictive Covenants
      • FAQs
    • Litigation in Business
      • Litigation in Business
      • Contractual Disputes
      • Construction Disputes
      • Professional Negligence
      • Restrictive Covenant Solicitors
      • Banking & Finance
      • Debt Collection & Recovery
      • Directors and Partnership Internal Disputes
      • FAQs
      • Complete Property Solutions (Property Dispute Resolution)
    • Media Law and Reputation
      • Media Law and Reputation
      • Pre-Publication and Crisis Management
      • After Publication
      • Online Reputation
      • Defamation
      • Harassment
      • Privacy
    • Regulatory Services
      • Regulatory Services
      • Coroners Inquests
      • Licensing
      • Sports Regulation
      • Health and Safety Investigations
      • Trading Standards
      • Box GDPR
      • BoxLegal
      • Immigration & Workers
      • Transport Law
    • Sports Law
      • Sports Law
      • Club Services
      • Player / Coach Services
      • Regulatory Services
      • Private Client Services
  • Personal Services
    • Road Traffic & Motoring Law
      • Road Traffic & Motoring Law
      • Drink Driving
      • Speeding & Disqualification
      • Driving Without Due Care & Attention
      • Use of a Mobile Phone
      • Driving Without Insurance
      • Drug Driving
      • Dangerous Driving
      • Failure to Provide Information
      • Road Traffic and Motoring Offences
    • Media Law and Reputation
      • Media Law and Reputation
      • Pre-Publication and Crisis Management
      • After Publication
      • Online Reputation
      • Defamation
      • Harassment
      • Privacy
    • Dispute Resolution
      • Dispute Resolution
      • Property Dispute Resolution
      • Contentious Probate
      • Court Proceedings
      • Data Protection GDPR Breaches
      • Debt Matters
      • Private Contract Disputes
      • Professional Negligence
      • FAQs
    • Employment Law
      • Employment Law
      • Disciplinary
      • Grievance Advice
      • Employment Tribunal
      • Settlement Agreements
      • Restrictive Covenants
      • Exit Packages
      • FAQS
    • Family Solicitors
      • Family Solicitors
      • Divorce
      • Civil Partnership
      • Financial Settlements after Divorce or Dissolution
      • Pre-nuptial and Post-nuptial Agreements
      • Adoption
      • Grandparents Rights
      • Funding Your Case
      • Mediation Solicitors
      • Financial Provision for Children
      • Separation Agreement Solicitors
      • Cohabitation Agreements
      • Collaborative Law Solicitors
      • FAQs
    • Home & Property Services
      • Home & Property Services
      • Remortgaging
      • Buying and Selling
      • Property FAQs
    • Medical Negligence
      • Medical Negligence
      • Accident & Emergency
      • Amputations
      • Birth Injuries
      • Brain Injuries
      • Cancer Cases
      • Cardiology
      • Ear, Nose & Throat
      • Eye Conditions & Surgery
      • Gastroenterology
      • General Practitioner (GP)
      • Genetic Conditions
      • Gynaecology
      • Neurology / Nerve Damage
      • Orthopaedics & Rheumatology
      • Paediatrics
      • Respiratory Disorders
      • Spinal Cord Injuries
      • Surgery
      • Urology & Renal
      • Vascular Conditions & Vascular Surgery
    • Personal Injury Solicitors
      • Personal Injury Solicitors
      • Animal Related Injury Claims
      • Armed Forces Injury Claims
      • Slip, Trip or Fall Accident Claim
      • Accident At Work Claims
      • Road Traffic Accident Solicitors
      • FAQs
    • Wills & Probate Solicitors
      • Wills & Probate Solicitors
      • Disputed Wills
      • FAQs
      • International Legal Matters
      • Lasting Powers of Attorney (LPA)
      • Succession Planning
      • Trusts
      • UK Tax Planning
    • Court of Protection
      • Court of Protection
      • Lay Deputyship Advice
      • Personal Injury Trusts
      • Professional Deputyships
      • Statutory Wills
  • Business Services
    • Business Services
      • Employment Law
        • Employment Law
        • BoxHR
      • Complete Property Solutions
        • Complete Property Solutions
        • Commercial Property Transactions
        • Development & New Build Sales
        • Property Dispute Resolution
        • Sales & Purchases of Property
        • Commercial Land Development
        • Boundary Disputes, Land Ownership, Rights, Breach of Contract, Misrepresentation & Damage to Property
        • Leases of Commercial Premises for Landlords or Tenants
        • Land Acquisition for Residential Development & New Build Sales
        • Breaches of Leases, Rent & Service Charge Issues
        • Mortgage Finance & Security
        • Option Agreements & Conditional Contracts
        • Claims Against Property Professionals
        • Leasehold Management
        • Planning Agreements
        • Judicial Review
        • blank
        • blank
        • Lease Renewals, Termination & Dilapidations
      • Corporate & Contracts
        • Corporate & Contracts
        • Banking & Finance
        • Commercial Contracts
        • Corporate Advisory
        • Mergers & Acquisitions
        • LINK
      • Corporate Recovery & Insolvency
        • Corporate Recovery & Insolvency
        • Administration
        • Fraudulent Trading
        • Wrongful Trading
        • Preferences
        • Transactions at an Undervalue
        • Director Disqualification
        • Company Restoration
        • Winding-Up Petitions
        • Statutory Demands
        • Individual Voluntary Arrangements
        • Bankruptcy
        • Validation Orders
        • Administrative Receivership
        • Company Voluntary Arrangements
        • Liquidations
        • FAQs
      • Intellectual Property
        • Intellectual Property
        • Contracts and Licenses
        • Trademarks
        • Design Rights
        • Enforcement
        • Restrictive Covenants
        • FAQs
      • Litigation in Business
        • Litigation in Business
        • Contractual Disputes
        • Construction Disputes
        • Professional Negligence
        • Restrictive Covenant Solicitors
        • Banking & Finance
        • Debt Collection & Recovery
        • Directors and Partnership Internal Disputes
        • FAQs
        • Complete Property Solutions (Property Dispute Resolution)
      • Media Law and Reputation
        • Media Law and Reputation
        • Pre-Publication and Crisis Management
        • After Publication
        • Online Reputation
        • Defamation
        • Harassment
        • Privacy
      • Regulatory Services
        • Regulatory Services
        • Coroners Inquests
        • Licensing
        • Sports Regulation
        • Health and Safety Investigations
        • Trading Standards
        • Box GDPR
        • BoxLegal
        • Immigration & Workers
        • Transport Law
      • Sports Law
        • Sports Law
        • Club Services
        • Player / Coach Services
        • Regulatory Services
        • Private Client Services
  • Personal Services
    • Personal Services
      • Road Traffic & Motoring Law
        • Road Traffic & Motoring Law
        • Drink Driving
        • Speeding & Disqualification
        • Driving Without Due Care & Attention
        • Use of a Mobile Phone
        • Driving Without Insurance
        • Drug Driving
        • Dangerous Driving
        • Failure to Provide Information
        • Road Traffic and Motoring Offences
      • Media Law and Reputation
        • Media Law and Reputation
        • Pre-Publication and Crisis Management
        • After Publication
        • Online Reputation
        • Defamation
        • Harassment
        • Privacy
      • Dispute Resolution
        • Dispute Resolution
        • Property Dispute Resolution
        • Contentious Probate
        • Court Proceedings
        • Data Protection GDPR Breaches
        • Debt Matters
        • Private Contract Disputes
        • Professional Negligence
        • FAQs
      • Employment Law
        • Employment Law
        • Disciplinary
        • Grievance Advice
        • Employment Tribunal
        • Settlement Agreements
        • Restrictive Covenants
        • Exit Packages
        • FAQS
      • Family Solicitors
        • Family Solicitors
        • Divorce
        • Civil Partnership
        • Financial Settlements after Divorce or Dissolution
        • Pre-nuptial and Post-nuptial Agreements
        • Adoption
        • Grandparents Rights
        • Funding Your Case
        • Mediation Solicitors
        • Financial Provision for Children
        • Separation Agreement Solicitors
        • Cohabitation Agreements
        • Collaborative Law Solicitors
        • FAQs
      • Home & Property Services
        • Home & Property Services
        • Remortgaging
        • Buying and Selling
        • Property FAQs
      • Medical Negligence
        • Medical Negligence
        • Accident & Emergency
        • Amputations
        • Birth Injuries
        • Brain Injuries
        • Cancer Cases
        • Cardiology
        • Ear, Nose & Throat
        • Eye Conditions & Surgery
        • Gastroenterology
        • General Practitioner (GP)
        • Genetic Conditions
        • Gynaecology
        • Neurology / Nerve Damage
        • Orthopaedics & Rheumatology
        • Paediatrics
        • Respiratory Disorders
        • Spinal Cord Injuries
        • Surgery
        • Urology & Renal
        • Vascular Conditions & Vascular Surgery
      • Personal Injury Solicitors
        • Personal Injury Solicitors
        • Animal Related Injury Claims
        • Armed Forces Injury Claims
        • Slip, Trip or Fall Accident Claim
        • Accident At Work Claims
        • Road Traffic Accident Solicitors
        • FAQs
      • Wills & Probate Solicitors
        • Wills & Probate Solicitors
        • Disputed Wills
        • FAQs
        • International Legal Matters
        • Lasting Powers of Attorney (LPA)
        • Succession Planning
        • Trusts
        • UK Tax Planning
      • Court of Protection
        • Court of Protection
        • Lay Deputyship Advice
        • Personal Injury Trusts
        • Professional Deputyships
        • Statutory Wills

You are here:Home > Media > Legal News > The Power of an Order for the Debtor to Attend Court for Questioning

  • Quick Jump
    • About Us
    • BoxHR
    • Business Services
    • Careers
    • Client Care & Complaints
    • Contact Us
    • Cookie Policy
    • Development and Plot Sales
    • Divorce Solicitors
    • Downloads
    • Financial Conduct Authority Investigation
    • Health and Wellness
    • Legal About Us
    • Make a payment
    • Media
    • Media
    • Meet Your Managing Partner
    • National Minimum Wage Investigations
    • Perks For Our People
    • Personal Services
    • Pricing Transparency
    • Privacy Notice
    • Prize Draw Terms & Conditions
    • Property Dispute Resolution
    • Seminar Sign In
    • Separation Specialist Solicitors
    • Sitemap
    • START
    • Team
    • Terms & Conditions
    • Testimonials
    • The Chadwick Lawrence Way
    • The Hub
    • Transport Law
    • We are Yorkshire's Legal People
    • Yorkshire Lawyer Network
The Power of an Order for the Debtor to Attend Court for Questioning

15
Sep 2023

The Power of an Order for the Debtor to Attend Court for Questioning

In a previous article, we wrote about various enforcement options available to creditors to enforce a money judgment. In this article, we will delve into how Acclaim successfully managed to bring a debtor to court for questioning about their means and assets, ultimately leading to a resolution that satisfied both parties.

In the realm of debt recovery, challenges often arise when High Court Enforcement Officers (HCEOs) face obstacles in locating debtors and understanding their financial situation. In this matter, the claimant’s attempts to recover the debt through HCEOs proved fruitless. The debtor remained elusive, the HCEO was unable to make contact with the debtor at all. This lack of communication hampered any attempt to gain insight into the debtor’s financial circumstances and assets, thereby stalling the debt recovery process.

Recognising the need for a different approach, our advice to our client (the claimant) was to make an application to the court for an Order for the Debtor to Attend Court for Questioning (ODACQ). This strategic move aims to compel the debtor to attend court on a given date and disclose crucial details regarding their income, expenditure, and assets. The ODACQ procedure would provide the necessary framework for obtaining the much-needed information which can allow the claimant to make an informed decision on further steps for debt recovery.

Satisfied that this step would be needed to advance their efforts for collection of their money judgment, the claimant instructed Acclaim to proceed with the application for ODACQ.

Acclaim initiated the process by filing the appropriate application with the court. The court issued the order which was returned to Acclaim for service upon the debtor. On receipt of the sealed order which encompassed an appointment date and time that the debtor had to attend court, the order was served on the debtor personally, by use of a process server.

The ODACQ process, while not strictly an enforcement method, is a powerful tool in debt recovery. There are consequences when a debtor ignores the order to attend Court and fails to attend the allotted appointment. Failure to attend may be considered contempt of court. Contempt of court refers to any act or behaviour that disobeys or challenges the authority, integrity, or dignity of the court. In most cases where a debtor fails to attend, the court may issue a warrant for the debtor’s arrest. The debtor may also be required to pay additional costs associated with their failure to attend, such as court fees, and the claimant’s legal costs.

In this case, the debtor attended the court as directed, which was a crucial step, as it allowed Acclaim to finally engage with the debtor and gather essential information.

During the appointment, the court’s representative questioned the debtor regarding their means and assets, income, and expenditure. The debtor was legally obliged to provide truthful and comprehensive responses. The questions covered a broad range of information, from the debtor’s personal information, such as date of birth, housing status, employment status including place of work, employee name and salary and other financial information such as whether they have any savings accounts.

Fortunately, the debtor recognised the seriousness of the situation while at the court appointment for questioning. At this point, they voluntarily made an offer of repayment, signalling their willingness to cooperate and settle the debt.

The debtor’s attendance in court and the full disclosure of their financial situation proved to be a turning point in the case.

The offer, which was made by the debtor, was found to be acceptable to the claimant. The parties reached an agreement, and the judgment was varied by the court as a result, which subsequently was satisfied by the defendant in a reasonable time frame.

The strategic decision to pursue an Order for the Debtor to Attend Court for Questioning proved to be an effective and crucial step in this case where alternative enforcement had already been attempted and exhausted.

< Back to Media Hub

  • Like this ? Share with friends
Is Dementia Preventable?

21
May 2025

Is Dementia Preventable?

Exploring risk factors for Dementia: what you can do now to protect your brain It’s true that getting older naturally increases our risk for cognitive decline, but the good news is that we’re learning more about factors we can influence to potentially reduce that risk. So, what can we do to help protect our brains…

Read More

Dementia Action Week – Events in West Yorkshire

20
May 2025

Dementia Action Week – Events in West Yorkshire

Dementia Action Week is an important opportunity to raise awareness, support individuals living with dementia, and connect people with resources in their communities. Across West Yorkshire, a range of events are being held to mark the week, and ongoing support is available throughout the year. Local Events During Dementia Action Week In the Huddersfield area…

Read More

Get in touch


  • 0800 015 0340
  • info@chadlaw.co.uk

Social Media


featured image
Chadwick Lawrence
  • Pricing Transparency
  • Legal About Us
  • Client Care & Complaints
  • Privacy Notice
  • Cookie Policy
  • Terms & Conditions
  • Sitemap

© Copyright 2025. Website design by Fantastic Media.

*The following are trading names/styles of Chadwick Lawrence LLP, Chadwick Lawrence Solicitors, Chadwick Lawrence, Yorkshire’s Legal People, Chadlaw, Acclaim

‹›×
    Leave a Message

    This field is hidden when viewing the form
    Name(Required)