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Debt Management and Debt Enforcement - Law Reform Commission

Debt Management and Debt Enforcement - Law Reform Commission

• Exempt goods –

• Exempt goods – Rationale: • Protect dignity of debtor and family • Move external costs of indebtedness from society to creditors – Current limit of £15 is outdated (1926) – Lists of exempt goods v more flexible rules – Cars? • Reports to creditors: monitoring the efficiency of the procedure • Update terminology – Archaic and confusing language: • “Fieri facias”, “nulla bonna”, “bailiwick” • Execution/seizure/distress • Codify rules: update the rules governing the seizure/execution procedure

• Arguments in favour Attachment of Earnings – Targets assets of debtor most likely to yield proceeds for creditors: debtor’s future income – Future income considered by lenders when making creditworthiness assessments: therefore should be available to creditors in case of default – Facilitates payment amongst disorganised “could pay” debtors – Less coercive and more proportionate alternative to imprisonment

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