Esther Marshall
Dispute Resolution
Dealing with a County Court Judgment
A County Court Judgment (CCJ) is a court order, issued by a County Court, which orders a debtor to pay back money owed to a creditor.
These judgments are legally binding and should be taken seriously. If a person fails to comply with the order, there can be serious repercussions and further action can be taken.
The Process of Obtaining a CCJ
To obtain a County Court Judgment (CCJ), a creditor would need to initiate proceedings against a person or organisation which owes them money (the debtor) which they have been unable to recover directly.
The Judgment would allow the creditor to have the backing of the Court to legally enforce the payment of a debt against their debtor.
Enforcement
If the debtor fails to comply with the CCJ, the creditor has various options available to enforce the judgment. This includes applying for a warrant of control to seize and sell the debtor’s goods, an attachment of earnings order, or a charging order against the debtor’s property.
Time Limit for CCJ Enforcement: How Long Do You Have?
In England and Wales, a creditor has a general time limit of six years from the date of the County Court Judgment to enforce it.
This six-year period applies to most methods of enforcement, including but not limited to:
- Instructing bailiffs;
- Obtaining High Court Enforcement Officers (HCEOs);
- Enforcing and applying charging orders or attachment of earnings orders;
- Administering third party debt orders
What If 6 Years Have Passed?
Once the six-year time limit has passed, it becomes more difficult to enforce the judgment against a debtor. The creditor would need to obtain permission from the court to enforce the judgment. Courts are reluctant to grant the creditor permission unless they can provide evidence for the delay in them taking action to enforce the judgment.
Shah Al Hoque, Trainee Solicitor in our Dispute Resolution team, said:
“Obtaining a CCJ is a serious step and can have significant implications for the debtor, including affecting their credit rating and potentially leading to enforcement action. Therefore, it’s usually considered a last resort after all other attempts to recover the debt have failed. Mullis & Peake can assist you in taking action against a debtor to recover an outstanding debt and initiating proceedings to obtain a County Court Judgment. If you have taken all the steps to attempt to recover the debt, but the debtor has still ignored your efforts, the Dispute Resolution Team are available to initiate proceedings against the debtor to obtain a County Court Judgment in your favour; whilst also being able to inform you of your choices of enforcement once the Judgment is obtained.”