Creditors have several options for enforcing a County Court Judgment (CCJ). These include:
- Bailiff or High Court Enforcement
Enforcement through a Bailiff or High Court Enforcement Officer is the most utilised method. It involves visiting the debtor’s address to secure payment or seize assets to cover the CCJ’s value.
- For debts under £600, County Court Bailiffs handle collections through a warrant of control.
- Debts exceeding £600 can be transferred to the High Court, allowing a High Court Enforcement Officer to act on the creditor’s behalf. This method is often faster and more robust compared to County Court Bailiffs.
- Charging Order
A CCJ can also be secured by applying for a charging order on the debtor’s property. While not the quickest method, it transforms an unsecured debt into a secured one. The debt will only be repaid when the property is sold. In some cases, a creditor may request an Order of Sale to force the debtor to sell the property, subject to court consideration.
- Third Party Debt Orders
Freezing a debtor’s bank account is an efficient way to enforce CCJ payment, applicable to both business CCJs and those against individuals. This allows funds to be withdrawn from the account to satisfy the CCJ, provided the creditor has the debtor’s bank account details and sufficient funds are available.
- Attachment of Earnings (Deduction from Wages)
Attachment of earnings is suitable for enforcing CCJs against individuals. It permits wage deductions to pay off the CCJ incrementally. Debtors have a protected earnings rate, and creditors must provide the debtor’s employment details. While it’s not the fastest method, it can be effective.
- Insolvency Proceedings for a CCJ
When a debtor’s ability to pay the CCJ is clearly insufficient, a last resort is insolvency proceedings. This may involve an individual’s bankruptcy or a company’s forced liquidation, aiming to liquidate assets and pay off creditors. It’s a complex and time-consuming process with no guarantees. It should only be used as a final option when the debtor’s inability to meet their debts is certain.
Before embarking on CCJ enforcement, thorough research is essential. If the debtor lacks the means to pay the debt, CCJ enforcement may not be feasible. CCJs remain on a debtor’s credit file for six years, so it’s wise to review the debtor’s financial situation regularly. In conclusion, the key is to choose the enforcement method that best suits the individual case, always proceeding with caution and considering all available options.
Please note that the information provided in this article is for informational purposes only and should not be considered a substitute for legal advice. If you find yourself in need of assistance with enforcing a CCJ please don’t hesitate to contact us on 01244 478 730 or hello@my-local-solicitor.com . We are here to help. Contact us today to discuss your specific situation and we’ll work together to find the most suitable enforcement solution for your case.
