Reference no: EM133809739

Question 

Daisy, as a sole trader, has personal liability for debts, and her assets (including any real property) can be targeted for enforcement. A Writ for the Levy of Property can be issued against the three real properties she owns.

However, there are key considerations:

Mortgage Priority: If these properties are mortgaged, the mortgagee (e.g., the bank) will have priority over the sale proceeds, meaning you may not recover the full amount owed, especially if the equity is low.

Cost and Time: Enforcing against real property is more expensive and time-consuming than other methods (e.g., garnishee orders). The sale process can take months and involves additional legal and sheriff fees.

Given these factors, starting with more liquid assets, like a garnishee order targeting bank accounts or receivables, may be more efficient.