How do I enforce a County Court Judgment?

Once you have secured a County Court Judgment (CCJ), it is essential to understand your options for enforcing the debt. While a CCJ is a court order, it’s only the first step in recovering your money. If the debtor refuses to pay, you will need to take further action. Here is a simple guide to the main enforcement options available.

What Enforcement Options Are Available?

Here are some key options for enforcement:

1. Writ of Control

You can instruct county court bailiffs or High Court Enforcement Officers (HCEOs) to recover your debt by either seizing goods from the debtor or collecting the money if the debtor is able to pay the debt.

• For debts over £600.00: You can transfer the CCJ to the High Court and use HCEOs. This tends to be faster than using county court bailiffs.
• For debts under £600.00: You will need to use county court bailiffs.

The bailiff or HCEO can enter the debtor’s premises to seize goods they own (with some exceptions), which will then be sold to pay off your debt. This method can be effective, but it depends on the debtor having valuable goods that can be sold.

• Charging Orders

If the debtor owns property, a Charging Order can secure your debt against that property. While this doesn’t’ immediately force the debtor to pay, it ensures that your debt is secured and paid when the property is sold, as long as there is sufficient equity.

• The first step is to apply for an Interim Charging Order, which secures your interest in the property. This can be registered against the title at the Land Registry.
• If there are no objections after 28 days, you can then apply for a Final Charging Order, making the debt officially secured.

Once the Charging Order is in place, you may also apply for an Order for Sale, which allows the property to be sold to recover the debt, but this requires careful consideration of factors like the property’s value and who else lives there.

• Third Party Debt Orders

This method allows you to take funds directly from the debtor’s bank account. If you know the debtor has money in their account or is expecting a payment, a Third-Party Debt Order (TPDO) can freeze the account, ensuring the debt is paid directly from the funds available.

• Attachment of Earnings Orders

If the debtor is employed, an Attachment of Earnings Order (AOE) can be used to deduct a portion of their wages each month until the debt is settled. This is a simple and often effective method of recovery. The employer is legally required to make regular deductions from the debtor’s salary.

• Insolvency Proceedings

If the debtor is clearly unable to pay the debt or is avoiding enforcement, insolvency proceedings may be the final step. For individuals, this involves applying for a bankruptcy petition and for companies, a winding-up petition can be used.

Insolvency proceedings can be expensive, but they may lead to the debtor’s assets being sold to pay creditors. While the amount you recover may not be full repayment, this option can be helpful if the debtor has limited assets.

Need Help Enforcing Your CCJ?

Enforcing a Court Judgment can be complex, but you don’t need to navigate the process alone. Our team is here to help you decide on the best course of action and guide you through the enforcement process. If you have a CCJ and need advice on how to proceed, do not hesitate to contact us on 01924 291122 or by email lakh.uppal@catteralls.co.uk