Judges Demand

Got a County Court Judgment award? What next?

Published On: 27th June 2018

We often receive enquiries from companies or individuals who have been awarded a County Court Judgment (CCJ) and thought that they would then receive payment immediately from the debtors. Unfortunately, obtaining a CCJ does not mean that the debtor will pay you and you may have to enforce the Judgment to obtain the funds that you are lawfully due.

There are several options to enforce a CCJ and the best option available will often depend on the status and circumstances of the debtor.

The enforcement options available are as follows :

1. Instruct High Court Enforcement Officers (the CCJ must be above £600.00 to use this method of enforcement and it is ideal if you have some information on the debtor i.e. what assets do they own, do they own a car, etc?)

2. Instruct the County Court Bailiff’s. We would only advise this option if the CCJ was below £600 and the debtor did not work.

3. Apply to the Court for an Attachment of Earnings Order. The debtor must be in employment for this to be successful but you do not need to know who the debtor is employed by as the Court will order them to supply that information.

4. Apply to the Court for a Charging Order. The debtor must own property for this to be successful and you must be able to show the Court what property they own using land registry searches.

5. Apply to the Court for a Third Party Debt Order. You must be aware of a third party that owes a monetry amount to the debtor for this to succeed. This could be the debtors bank account details or another party that owes an amount to the debtor. If you are aware of the debtors bank account details or just the name of the bank then this application can be made and, if funds are available in the debtors bank account then the bank will be ordered to freeze the same pending the Third Party Debt Order Application Hearing. If successful then the Court will order the bank to send the funds directly to you.

6. Bankruptcy / Winding Up. If the debtor is an individual and the CCJ is above £5k then Bankruptcy Proceedings can be issued. If the debtor is a Ltd Company then the CCJ just needs to be above £750.00 for Winding Up Proceedings to be issued.

7. If you are unsure of the debtors status and circumstances then you can apply to the Court for the debtor to be ordered to attend Court for questioning. The debtor will be ordered to take along all evidence of their financial situation including bank statements, rent / mortgage statements, etc and be questioned by an Officer of the Court. The information obtained can then assist with making the right choice of enforcement option above.

Judge’s Demand Ltd are extremely experienced in enforcing CCJ’s and obtaining the information required in order to provide the best enforcement advice to our Clients.

If you need assistance in enforcing a CCJ please do not hesitate to contact us on 0151 329 2138 or info@judgesdemand.co.uk