What Is Enforcement?
Enforcement is the legal process used to make a debtor comply with a CCJ by recovering the debt through court-backed methods. It applies when a judgment debtor does not voluntarily pay as required.
Why Is Enforcement Necessary?
Enforcement ensures that the legal system is effective and debtors cannot avoid repayment. It gives creditors real-world tools to collect debts that would otherwise remain unpaid, even when a judgment exists.
When Can Enforcement Begin?
Enforcement can begin after the CCJ’s payment deadline passes and the debtor still has not paid. If there's still no payment, the creditor or business can apply to the court for enforcement measures.
What Enforcement Methods Are Available?
There are several enforcement methods, each suited to different debtor circumstances:
- Order to Obtain Information:
Compels the debtor to disclose financial details to determine the best enforcement strategy.
- Attachment of Earnings Order: The debtor’s employer deducts a set amount from wages to pay the debt directly.
- Third Party Debt Order: Freezes and redirects funds from the debtor’s bank account to the creditor.
- Writ of Control: Authorises bailiffs to seize and sell the debtor’s goods.
- Charging Order and Order for Sale: Places a legal charge on the debtor’s property and allows its sale to settle the debt.
Can Negotiations Still Take Place During Enforcement?
Yes. Even after a CCJ is issued, debtors and creditors can still negotiate settlements or repayment plans to avoid further enforcement action.
