Enforce Your Court Order in the UK!

Shergroup

3 years ago

CASHFLOW SOLUTIONS | Why Go To The High Court to Enforce The CCJ

If you have obtained a judgment against your debtor from the court and the court has decided that the debtor must pay you the amount of money owed to you, and you don’t see the payment coming then you have all the rights to enforce a court order in the UK to try and get your money. The court won’t decide on its own for an enforcement action to be taken – you should ask it to.

The UK Courts have a number of different methods of enforcement. You may ask the court for |

A warrant of execution.
An attachment of the earnings order.
A third-party debt order.
A charging order.
Bankruptcy or winding up order.

Find out what the debtor can afford to pay

Before you enforce your judgment, you need to find out if your debtor can afford to pay

The court can ask the debtor to attend the court on your behalf

Provide evidence of their income or spending
If the money is owed by a business, you can ask for an officer from the company to attend court and give details of its accounts.
You can then decide if you want the court to take further action to collect your payment.

If the court tells you that your debtor has the means to pay your money, has got a ‘Breathing Space’ and is temporarily protected from their creditors you can enforce the court orders in the UK.

Further, in order to choose the most appropriate method, you should consider whether:

You are likely to get your money and court fee from the defendant.
The defendant owes other people money or has other court judgments.
The defendant owns any goods or assets which can be taken and sold at auction.
The defendant is employed.
The defendant has other earnings, such as income from investments.
The defendant has a bank, building society or other accounts.
The defendant owns a property; or
Anyone else owes the defendant money.

This is because it’s pointless to initiate a lawsuit if it appears that your opponent will be unable to pay any money owed as a result of a final verdict.

You can find out about the above points by |

Instructing an investigation officer to find out about the defendant.
Searching online.
Searching the Register of Judgments, Orders and Fines to see if the defendant has any outstanding or previous judgments or fines.
Obtaining a Land Registry search.
Applying to the court for an order to obtain information from the defendant about his financial position.
A warrant of execution gives court bailiffs the authority to take goods from the defendant’s home or business. Bailiffs will try to either collect the money they are owed or take goods to sell at auction.
A warrant of execution will only help if the defendant has all the money you are claiming for on the warrant or enough goods at the address you give which could be sold to raise the money.
The bailiff will not take the defendant’s goods if they are not worth enough to pay the warrant after the costs of taking and selling the goods.
Bailiffs cannot always remove the defendant’s goods. For example, they cannot remove essential household items, tradesman’s tools or goods subject to hire purchase or rental agreements.
It is the most popular method of enforcement. This is because it is often the quickest method, and the procedure is relatively simple. It is an administrative procedure and is the only method of enforcement that does not require a decision from the court.
A warrant of execution form is sent to court and the bailiff will then inform the defendant that a warrant has been issued and execution will follow.
If the defendant does not then pay, the bailiff will then attempt to collect the money or goods from the property.

You cannot ask the county court to issue a warrant if the amount you want the bailiff to collect is more than £5,000 (unless you are enforcing an agreement made under the Consumer Credit Act 1974).

However, a similar procedure can be followed in the High Court and an Enforcement Officer can be asked to collect the money or remove goods.

The process to Enforce the Orders in the UK

If you select Warrant of Control to enforce your order, send bailiffs to collect payment

You can ask the court to send bailiffs to collect the money. This is called a ‘warrant of control’.

The bailiff will ask for payment within 7 days. If the debt is not paid, the bailiff will visit the debtor’s home or business to see if anything can be sold to pay the debt.

You can apply to either a county court or the High Court if you’re owed between £600 and £5,000.

You may need legal advice if you apply at the High Court.

How you apply to the court depends on how you made your claim.

If you claimed online

If your reference number has ‘MC’ in it, download and fill in either:

form N323 – to apply at a county court (you must be owed £5,000 or less)
form N293A – to apply at the High Court (you must be owed at least £600)

Otherwise, enforce a judgment using Money Claim Online.

You used a paper claim form

Download and fill in either:

form N323 – to apply at a county court (you must be owed £5,000 or less)
form N293A – to apply at the High Court (you must be owed at least £600)

If you select Attachment of Earnings to enforce your orders, get money deducted from wages

You can ask the court to take money from the debtor’s wages to pay the debt. This is called an ‘attachment of earnings.

The court will do this by sending an order to the debtor’s employer.

Download and fill in a request for an attachment of earnings order form N337.

If you select Third-party Debt Order to enforce your orders, Freeze assets or money in an account

You can ask the court to freeze money in the debtor’s bank, building society or business account. This is called a ‘third-party debt order’.

The court will decide if money from the account can be used to pay the debt.

Download and fill in a request for a third-party debt order form N349.

If you select Charging Order to enforce your orders, charge the debtor’s land or property

You can ask the court to charge the debtor’s land or property. This is called a ‘charging order’.

If the land or property is sold, the debtor must pay this charge before they get their money.

Download and fill in a request for a charging order form N379.

How can Shergroup help in enforcing your court order in the UK?

Is Your CCJ Over £600?

If you have a County Court Judgment from any court in England and Wales, which is less than 6 years old and is over £600 you can simply go to our website and transfer your judgment using our online store at

CCJ Transfer Up to High Court Enforcement

We charge a one-time fee of £161 to process your judgment and you will recoup all this amount if your debtor pays up.

Is Your CCJ Under £600?

If your County Court Judgment is under £600 or is based on a regulated credit agreement, then you can use our NO COLLECT NO FEE service as an alternative to using a County Court Bailiff to collect your judgment using our expert collection team – again you can upload your judgment and pay nothing to get started at

https://shergroup.com/product-page/cashflow-b2b-no-win-no-fee-debt-collection/

Benefits of Transferring Your CCJ to the High Court

We hope that the TV show “Call The Bailiffs” shows the benefits of entrusting your judgment to a proactive and knowledgeable team of enforcement specialists. You can observe the agents’ personalities as well as Claire Sandbrook’s and the Shergroup team’s support. Our entire procedure is geared to provide a quick and effective enforcement service while adhering to the letter of the law and the expectations that we have set for ourselves.

Above all, after your first investment of a one-time fee, the debtor must pay all fees associated with the High Court enforcement process. There are no hidden fees to pay, and no more invoices will be received. It costs £161 in total, including upfronts.

Summing-up

If you’re struggling with your County Court Judgement, you can talk to us. Shergroup’s enforcement specialists will take care of the court proceedings for you and will try to make the recovery process as easy as possible. Upload your CCJ on our website and we’ll have a look at where you’re at.

If there’s anything you’d want to discuss before handing over the case to us, we’d be happy to assist you. We are here to help you get your situation resolved.

Buy Now | https://shergroup.com/product-page/cashflow-county-court-judgment-ccj-transfer