A default judgment is an administrative judgment or order made by the court when a party has not filed a defence or acknowledged service of county court proceedings within the relevant time limit set by the Civil Procedure Rules.
A default judgment is enforceable in the same way as a county court judgment or CCJ that has been determined after a trial. If a default judgment is not paid within 30 days of the date of the order by the county court, details of the default judgment or CCJ will be entered on the county court Register at Registry Trust Limited if it has not been paid within 30 days.
A default judgment can be collected by the same enforcement proceedings for a judgment or CCJ made after a final determination by the court. 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 carried out in a number of ways, including:
- applying to court for an order that the Judgment Debtor provides relevant details and information about his financial affairs;
- using enquiry agents to look in to his / her affairs;
- checking the insolvency register to see if there is a bankruptcy petition in existence;
- checking information held at Companies House about companies or company directors;
- undertaking searches at HM Land Registry to see if 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:
Debts due from a Judgment Debtor under a default judgment can be collected in any of the following ways:
- taking control of goods;
- third party debt orders;
- attachment of earnings orders;
- interim and final charging orders;
- statutory demands:
- bankruptcy petitions; and
- winding up petitions.
Our expert team of enforcement and collection solicitors at Francis Wilks & Jones are here to help you with your questions on collection of a county court judgment or CCJ. Our knowledge of enforcement and collection is second to none, having dealt with thousands of them over the years. Our practical daily experience and legal expertise means that we can assist whatever the nature of your unpaid county court judgment. Contact one of our friendly enforcement team lawyers now for your confidential consultation.