If an individual or a company owes you money and shows no sign of being willing to pay, one option is to seek a County Court Judgement (CCJ) against them. This can be an effective strategy, but it doesn’t automatically ensure that the money will be paid.
So what options are open to give yourself the best chance of recovering your debt through a CCJ?
Applying for a County Court Judgement
A CCJ provides you with a strong legal backing for recovering your debt, but it will only be effective if the debtor has the means to pay. Otherwise, it’s nothing more than an expensive way of proving that you’re in the right.
This means it’s important to do some research before you begin your application. You can find out, for instance, whether the debtor owns a home or a car, has a job or a business with assets. There are also channels to check a person’s or business’s credit rating.
If you’re satisfied that a CCJ is the best way to go, you’ll need to fill in the official form to apply to the court for your claim. While you can do all of this yourself, it’s likely to be better to have professional help, or to put it completely in the hands or a collection agency, to make sure nothing goes wrong.
What are the Ways to Enforce a County Court Judgement?
Once your CCJ has been granted, there are various channels you can go through to enforce payment:
- High Court Enforcement — This is generally the most effective means of enforcement, with the authority of the High Court behind you.
- Writ of Control — This is a court order to seize and sell property for settling a debt. The prospect of a Writ of Control may encourage the debtor to pay.
- Attachment of Earnings — If the debtor has a job, this authorises payments to be deducted directly from their salary.
- Charging Order — This prevents the sale or remortgage of a property owned by the debtor without first settling the debt.
- Third-Party Debt Order — This option allows you to freeze and recover funds from a third-party debtor, without relying on them cooperating.
What’s the Best Approach?
As long as you’ve made sure there’s a realistic chance of a CCJ being enforceable against your debtor, you have a number of options to choose from. The ideal method of enforcement will depend largely on the nature of the debt and the circumstances of the debtor — and this is one of several steps where having the advice of an expert collection agency is vital.
Give me a call, whether you’re considering a County Court Judgement or whether you need an existing one enforced, and I’ll help you find the approach that gives the best chance of success.
