If you have a judgment to enforce - it is vital to take the right course of action to maximise your prospects of success. Let our friendly team guide you though the process.
A county court judgment or interim court order for payment of money is enforceable immediately and a judgment creditor can take steps to recover sums due straight away, although it is not unusual for the court to allow the judgment debtor time to pay.
If a judgment debtor does not pay the judgment debt, it can be enforced. However, in some circumstances, a judgment debtor may appeal against the judgment, in which case the judgment creditor should check whether a stay of execution has been ordered by the court before taking steps to collect an unpaid judgment debt.
A debt due from a judgment debtor can be collected in any of the following ways:
- Taking control of goods;
- Attachment of earnings order;
- Third party debt order;
- Interim charging order and final charging order;
- Statutory demand:
- Bankruptcy petition (against an individual);
- Winding up petition (against a company)
Before deciding which way is the most appropriate, it may be advisable to make enquiries and investigate what assets a judgment debtor has first.
This can be done in a number of ways, including:
- applying for an order that the judgment debtor provides information about his financial affairs;
- by carrying out enquiries using an enquiry agent;
- checking the insolvency register for details of bankruptcy proceedings;
- checking information held at companies house about companies or company directors;
- undertaking searches at HM land registry to find out whether the judgment debtor owns property.
Once we have made enquiries of the judgment debtor’s assets, we can advise you on the best way to collect the moneys due under the county court judgment or CCJ. This could include any of the following:
Francis Wilks & Jones is the country’s leading firm of county court enforcement and collection solicitors. We are experts in recovering debts due under county court judgments with over 75 years’ experience. Our experience and knowledge of the different ways to collect money due under a judgment or court order are second to none. Call now for a friendly consultation.