Judges Demand

CCJ’s and Enforcement…

Published On: 18th June 2013

Obtaining a CCJ (County Court Judgment) against a debtor does not automatically mean that you will received your payment shortly after as alot of debtors nowadays are not bothered about CCJ’s and in fact have more than 1 and know how to avoid enforcement.

We have recently been assisting quite alot of new Clients who have already CCJ’s against their bad debtors but then did not know how to enforce the CCJ or went directly to the County Court Bailiff’s. Unfortunately the County Court Bailiff’s are very unsuccesful nowadays and because of this we very rarely advise our Clients to use them.

If the debt is owed from a limited company, the outstanding amount is above £750.00 and undisputed then you can issue Winding Up Proceedings and the first stage of this is to issue a Statutory Demand (unless you already have a CCJ). However, if the debtor does not respond to the Statutory Demand then the cost to instruct a Solicitor to issue a Winding Up Petition is in excess of £2k (including disbursements) so you have to consider the size of the debt and if this will be cost effective.

You also have the options to issue County Court Proceedings, obtain a CCJ against the limited company and then enforce the CCJ with one of the following :

1. High Court Enforcement Officers (if the debt is above £600.00)
2. Charging Order (if the company owns property)
3. County Court Bailiff’s (if the debt is below £600.00 but we rarely recommend as they are useless nowadays)
4. Third Party Debt Order
5. Winding Up Proceedings

If the debt is owed by an individual, is above £750.00 and is undisputed then you also have the insolvency option of Bankruptcy which is much the same as Winding Up. You first have to issue and serve a Statutory Demand and then if the debtor fails to respond you can issue a Bankruptcy Petition. Again, a Solicitor has to issue the Bankruptcy Petition and the costs are in excess of £2k (including disbursements) so you have to condsider if this is cost effective.

Again, you also have the following option to issue County Court Proceedings, obtain a CCJ and enforce the same with :

1. High Court Enforcement Officers (if debt above £600)
2. Charging Order (if debtor owns property, solely or jointly)
3. County Court Bailiff’s (if debt below £600 but I would not recommend)
4. Third Party Debt Order
5. Attachment of Earnings (if working)
6. Bankruptcy Proceedings

I hope that this post helps in some way but if you are struggling at all to enforce a CCJ please contact us for assistance.