There are different ways to enforce and collect a county court judgment. Choosing the right option can often be the difference between getting paid and recovering nothing. Our brilliant team can help you avoid mistakes and make sure you get your money back. Call us today
If someone refuses to pay, you may need to “enforce” the CCJ to ensure that you receive your money. There are a number of different methods of enforcing a CCJ and depending on the level of the debt owed, you may wish to consider any one of the following options:
- Instruct the bailiffs to collect payment;
- Request that money is deducted from their wages;
- Freeze some of their assets or money in their bank account; or
- Put a charge on their land or property.
Alternatively, you may wish to serve a statutory demand on the debtor and if that fails, proceed to make the debtor bankrupt, or in the case of a company, wind-up the company, if the company is unable to pay their debts.
Before embarking on any course of action, you may wish to consider the level of the debt owed to you and whether the person or company who owes you money can afford to pay the debt to you.
If you do not know about the financial circumstances of the debtor, it is possible to
- make an application to the county court for the debtor to attend court and answer questions about their financial circumstances.
- the debtor is required to provide evidence of their income, savings and spending, together with details of their outgoings and will need to show the court evidence of the same, such as bank statements or bills/invoices.
- after the debtor has been questioned (in the case of a company, this may be a director or company secretary who is questioned), the court will provide you with details of the answers provided by the debtor.
- if it is apparent that the debtor has no money or is, in effect, bankrupt or insolvent, then you may decide that it is not worth pursuing the debtor for the money they owe to you.
If it is clear that the debtor has the means available to pay (but they are just choosing not to pay you), then there are a number of applications you can make to court to try to recover the sums owed to you.
Each of the methods will require you to make a county court application and you will also have to pay a court fee. However, you may be entitled to include this in the debt that is owed.
Our team of county court solicitors at Francis Wilks & Jones are the best in the country. Whatever your enforcement enquiry, we can help. Our advice is fast, effective and highly cost effective. Contact one of our team of county court lawyers now for your consultation. Call us now. Let us help.