Lawyers will act on behalf of the creditors and take a number of legal actions to recover a confirmed (judgment) debt, these include:
- Oral examination：A debtor can be called to the Court to answer questions about his assets.
- Writ of Fieri Facias：If there are sufficient goods and chattels on the debtor’s premises to justify a seizure, the bailiff will seize them up to the amount endorsed on the writ.
- Garnishee order：The obligation of the third party (e.g. Banks) to pay money to the debtor is transformed into an obligation of the third party to pay the money directly to the creditor.
- Charging order, order for sale：The Court may make an order imposing on any such property of the debtor as may be specified in the order, a charge for securing the payment of any money due or to become due under that judgment.
- Prohibition order: It is an order prohibiting the judgment debtor from running away and leaving Hong Kong.
- Injunction and Restraining order: The creditor can seek a court order either compelling the defendant to take specified steps ( “mandatory injunction”) or restraining him from taking specified steps (“prohibitory injunction”).
- Bankruptcy or winding up: A creditor can file a bankruptcy petition with the Court against an individual, a firm or a partner of a firm who owes him money.
- Temporary injunctions can also be applied during or even before the litigation procedure.
Please avoid contacting those unlicensed intermediaries or debt collection agents who claim can offer contingency arrangement (“No win, no fee”) for debts recovery. Afterall, it is against the law to enter into a contingency fee arrangement for acting in contentious proceedings in Hong Kong.
