Your debtor will then do one of four things:
- Pay back the full amount immediately
- Ask to pay later or in instalments
- Dispute the claim or amount owed
- Claim against you, the creditor, if they think it’s you who owes them for breach of contract or similar.
So, does having a CCJ doesn’t mean I’ll recover my debt immediately?
No, not always. Having a County Court Judgment (CCJ) in your favour doesn’t necessarily mean your debtor will instantly pay you. In many cases, it will have the desired effect and result in the debtor paying the full debt immediately or reaching an agreement of payment by instalments. But some debtors will continue to bury their heads in the sand.
How long can it take to get paid by your debtor?
That depends on your debtor. When they receive a CCJ claim form, they will have 14 days to respond. If they don’t, a court will award a judgment against them, typically to pay off their debt in full. If this is ignored, the judgment can be enforced.
What are my options if a debtor ignores a CCJ (County Court Judgment)?
Simply ignoring a CCJ won’t make it go away and if you’re still having trouble with your debtor, there are several alternative enforcement options on the table to help you recover your debt.
Enforcing the law
In our experience, the right course of action is determined by the debtor’s net worth, their property, employment status, and several other factors.
If your debtor has property, you can secure the debt against their home by pursuing a Charging Order followed by an Order for Sale. Equally, a County Court Bailiff or High Court Enforcement Officer (HCEO) could be instructed to seize your debtor’s assets or belongings. Or, if they’re working, you could discuss an attachment of earnings, where the money they owe comes directly from their earnings.
The fact is you have several enforcement options available. All avenues an experienced, specialist debt collector will explore, and explain, on the road to recovering what is rightfully owed to you.
I won’t have to go to court, will I?
It’s certainly not compulsory for either creditor or debtor. Usually it won’t come to that, and the debtor will either pay the debt in full or agree a payment plan with you.
How much does it cost to issue a County Court Judgment (CCJ)?
The truth is the costs of a CCJ vary. Much depends on the amount being claimed with the cost rising in line with the value of the debt.
However, claimants can normally expect to be awarded the court fees and scale solicitors costs, along with the value of your claim and interest. You may also be able to recover additional costs depending on the strength of your contract.
The bottom line is, if you are owed money and have had no success in obtaining payment, it might be time to consider taking court action. Namely, issuing a County Court Judgment (CCJ).
