What is a county court judgment and do I need one?
What is a County Court Judgment and do I need one?
Being owed money can leave you feeling powerless. Once you've sent invoices and made multiple requests for payment, the next step is to go down the legal route. Often this ends with a County Court Judgment (CCJ).
What is a CCJ?
A CCJ is when your debtor is ordered by the court to pay the money that they owe you. Once a CCJ is ordered, it stays on the debtors record for six years – negatively affecting their credit score. Obviously most people will want to avoid this, so many will resolve the debt before the process gets this far.
What is the CCJ process?
The process starts when you apply to your local County Court Money Claims Centre (CCMCC) to claim the money – most people think of this as going to small claims court. You may have to appear in court if the person or business concerned deny that they owe you the money. If the debtor doesn't respond to you, or if they admit that they owe you money but still don't pay, then the court can order them to pay.
Is a CCJ always the best route?
Getting a County Court Judgment is effective, but it is best left as the last resort. It can be time consuming and court fees can be high – not to mention the stress of appearing in court. There are some alternatives to explore beforehand, such as a mediation service. This type of alternative dispute resolution involves having a neutral third party listening to the case and helping you and your debtor come to a solution that works for both of you. This can be faster and cheaper than going to court, and can also help you to maintain a positive relationship.
What happens if I get a CCJ and the debtor still doesn't pay?
If the debtor ignores the CCJ, the court can take further steps on your behalf and can ask the debtor to pay the court fee. The court can also have the debtor or a representative of their business appear in court to prove that they can't pay the debt. High Court Enforcement Agents can also help collect the debt promptly and professionally.
It is possible for High Court Enforcement Agents, such as Dukes, to 'transfer up' a CCJ to the High Court. This allows you to use the High Court Enforcement (HCE) service to recover debt promptly.
If you're having trouble recovering a debt and need further advice, contact Dukes Bailiffs.
