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Enforcing a CCJ

An Enforcement Order in the context of a County Court Judgment (CCJ) in the UK is a legal process that allows the creditor to take further action to recover the money owed by the debtor, once a CCJ has been obtained and remains unpaid.

After a CCJ has been issued, if the debtor hasn’t paid the judgment or arranged payment (for example, through installments), the creditor can apply for an enforcement order to recover the debt.

Enforcing a County Court Judgment (CCJ) in the UK is a legal process that allows you to collect money owed to you after a judge has issued a CCJ against someone who has failed to pay. If the person or company named in the judgment doesn't pay the amount due, you have several enforcement options available. Here's an overview of the key methods for enforcing a CCJ covered in this guide:

1. Send a 'Letter Before Action'

Before taking further steps, you can send a Letter Before Action to the debtor. This is a formal letter reminding them that they owe you money and outlining the consequences of non-payment. This can sometimes encourage them to pay without the need for further action.

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2. Use an Enforcement Agent (Bailiff)

You can request an Enforcement Agent (previously known as a bailiff) to recover the money. This can be done through the court that issued the CCJ. The agent will visit the debtor's home or business to seize goods to cover the debt.

  • High Court Enforcement: If the debt is over £600, you can transfer your CCJ to the High Court for enforcement, and they can send enforcement agents to collect the money.

  • County Court Bailiffs: If the debt is under £600, a county court bailiff can be sent to enforce the judgment.

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3. Attachment of Earnings Order

If the debtor is employed, you can apply for an Attachment of Earnings Order, which allows the court to take a portion of the debtor’s wages directly from their employer. This is done on a regular basis (usually monthly) until the debt is paid off.

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4. Third Party Debt Order

If the debtor has money in a bank or other financial institution, you can apply for a Third Party Debt Order. This order freezes the debtor's bank account, allowing the court to seize the funds in the account to satisfy the judgment.

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5. Charging Order

If the debtor owns property, you can apply for a Charging Order. This places a charge on the debtor's property, meaning that if they sell or refinance the property, the debt will need to be paid from the proceeds.

  • If the debtor doesn’t pay after the charging order is in place, you can apply for an Order for Sale to force the sale of the property to recover the debt.

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6. Order to Attend Court (Questionnaire Hearing)

If you don't know where the debtor’s money is or what assets they have, you can apply for an Order to Attend Court for Questioning. The debtor is required to attend a hearing where they must provide details of their income, outgoings, assets, and liabilities. This can help you decide on the most effective enforcement action.

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7. Warrant of Control

If a debtor refuses to pay or has ignored the CCJ, you can request a Warrant of Control from the court. This allows a bailiff to seize goods worth the value of the debt. The goods can then be sold at auction to settle the judgment.

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How to Apply for Enforcement:

  • Request a warrant: You can apply to the court for enforcement action, which might involve submitting a form and paying a fee.

  • Court fees: Enforcement options come with fees, and those can vary based on the method used (e.g., bailiff fees, court fees).

  • Time limits: A CCJ must be enforced within six years of the judgment date. After this, the judgment is usually considered "spent," and you cannot enforce it.

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Key Considerations:

  • Communication: Keep communication open with the debtor, as they may be willing to make a payment arrangement, avoiding the need for enforcement.

  • Check debtor's solvency: Before enforcing a CCJ, consider whether the debtor has the financial means to pay. If they don't, it may be a waste of time and money to pursue enforcement.

  • Costs: Enforcement costs can be high, and it's important to weigh them against the amount owed.

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