My debtor hasn't paid their CCJ: what happens next?
County Court
In many cases, taking your debtor to County Court is just another step on the long path to getting your money back. Unfortunately, a County Court Judgment can't force the debtor to pay their debt to you, so you may need to go back to court for additional support.
There are four ways in which the County Court can enforce your claim. There is usually a fee involved with asking the court to pursue them, although this will be added to what you're already owed by the debtor.
Warrant of control
A warrant of control gives enforcement agents the right to enter your debtor's business or home. They'll either recover the money or take some of the debtor's possessions to sell at auction in order to repay the County Court claim. If the debt is more than £5000 you can't ask County Court to do this, as you need a High Court procedure instead. Enforcement agents like Dukes can help with escalating a claim to the High Court.
Attachment of earnings order
An attachment of earnings order means notice is sent to the debtor's employer. They'll take money from their wages, which goes into a fund used to repay you. This doesn't work for unemployed or self-employed people, and, if the debtor's living expenses are more than what they earn, it's likely that the instalments will be small.
Third-party debt order
A third-party debt order means the debtor's bank account and whatever balance they have is used to clear their debt. Any money that goes into the account – such as salary – will go to you until the debt is cleared. The downside is that they may simply stop paying money into the account to avoid payment. If the account is overdrawn on the day the order comes through, you also won't get any money.
Charging order
A charging order means your debtor can't sell their possessions or assets unless they pay what they owe you. In some cases, you can ask the court to force them to sell in order to pay you back. The downside is that you don't get your money until they decide to sell.
If your debt is worth £600 or more, it can be transferred to the High Court and certificated enforcement agents reclaim the cash. Find out how Dukes can help with the process.
