A County Court Judgement (CCJ) is a method of recovering money owed to yourself or your business. Where this still remains unpaid by the debtor, a CCJ is enforceable through a High Court writ.
Is there a time limit on CCJs?
Where you have a CCJ registered against an individual or a business and they haven’t paid, you have six years to carry out enforcement against the debtor. If, after this time period, you haven’t successfully recovered your money, then you will need to ask permission from the court to continue enforcing the debt.
Can you extend a CCJ?
When a creditor applies to the court to extend the enforcement period for a CCJ they would need to supply a strong explanation as to why it had not already been recovered. For instance, the debtor could have recently returned to the country, had a significant change in their financial circumstances or there could have been court delays in dealing with any application to set aside the judgement. If the reason is simply that the debt hasn’t been chased or enforced, then the court is unlikely to give permission.
Where a judgement is close to the six-year time limit, it could be worth the creditor applying for the High Court writ of control. This would then give them a further 12 months in order to start enforcing the writ, without having to go back to the court and request permission.
Applying for a CCJ
Does a business or an individual owe you money? The first step to recovering the sum is to take out a County Court Judgement (CCJ) against them. There is a court fee for doing so, which depends on the amount you are claiming for. The process is quick and simple and is completed online.
If there is a dispute between the claimant and the debtor regarding the validity of the claim, or the amount claimed for, then you may have to attend court for the judge to decide on the outcome. When a judgement over £600 is awarded in your favour and the debtor doesn’t make payment, you can then use certificated enforcement agents (bailiffs) to enforce the debt for you.
When to use a CCJ
There are a number of reasons why applying for a County Court Judgement is useful. They can be taken out against businesses or individuals who owe you money. This can include unpaid invoices, claims against traders for defective work, unpaid loans or overdue parking fines.
When is a CCJ removed from a debtor’s record?
Where a debtor pays the judgement in full within the first month it can be removed from the Register of Orders, Judgements and Fines. This effectively means it never existed.
There can also be instances when a debtor can request for the judgement to be set aside. For instance, this could be because the debt doesn’t belong to them, the claim wasn’t issued correctly or there is a dispute about the information on the CCJ.
Apart from in those circumstances, a CCJ will remain on a debtor’s credit file for six years. Even if it is paid in full within this time, it will still affect a debtor’s credit rating, though it will be marked as satisfied.
How to enforce a CCJ
At CEA Limited, we can quickly transfer your existing County Court Judgement (over £600) to a High Court Writ. This is then enforceable through our High Court Enforcement Agents working under our Authorised High Court Enforcement Officer (AHCEO).
To find out more about enforcing your court order, speak to our High Court team today on 0113 532 8350 or email office@cealimited.co.uk.
More Information
How to collect a County Court Judgment