What is a CCJ?
A County Court Judgment (CCJ) is a formal decision made by a county court in England, Wales, or Northern Ireland stating that someone owes you money and must repay it. If you have taken legal action because a person or business has not paid a debt, and they either admit the debt or fail to respond to the court claim, the court may issue a CCJ against them.
A CCJ sets out exactly how much is owed, to whom, and by when the payment must be made. It acts as a legally binding order, making it clear that the debt is recognised by the court. This is important because, once a CCJ is in place, you have stronger legal options for recovering your money if the debtor still does not pay. For example, you can ask the court to take further action such as sending bailiffs, arranging for deductions from the debtor’s wages, or even freezing their bank account.
CCJs are governed by specific legal rules and procedures. The process is set out in the Civil Procedure Rules 1998, which explain how claims are made, how judgments are issued, and what steps can be taken if the debt remains unpaid.
Having a CCJ against them can also seriously affect the debtor’s credit rating, making it harder for them to borrow money or obtain credit in the future. This often encourages people to settle their debts before further enforcement action is taken.
If you would like more background on how CCJs work, what they mean, and how they can affect both creditors and debtors, see our guide to County Court Judgments (CCJs).
For practical advice on what to do once you have a CCJ and how to take the next steps in recovering your money, you can also read about the role of the High Court in enforcing judgments.
When Can You Enforce a CCJ?
Once a County Court Judgment (CCJ) has been issued against someone who owes you money, they are usually given 30 days to pay. If the debtor does not pay the full amount within this time, you have the right to start enforcement action to recover what you are owed.
When enforcement can begin:
You can begin enforcement as soon as the 30-day period has passed and the CCJ remains unpaid. The court expects the debtor to pay voluntarily within this window. If they fail to do so, you are entitled to use legal methods to collect the debt, such as instructing bailiffs (now called enforcement agents), applying for an attachment of earnings order, or requesting to freeze their bank account.
Check before you enforce:
Before starting enforcement, it’s important to check whether the CCJ has been paid or if the debtor has made an application to the court to set it aside. Sometimes, a debtor may pay the judgment directly to you or may have successfully challenged the CCJ on the grounds that it was wrongly issued. If the CCJ is set aside, you cannot enforce it.
If the debtor believes the CCJ was made in error or they did not have a fair chance to respond, they can apply for setting aside a CCJ. This process allows the court to consider whether the judgment should be cancelled or changed. It is advisable to wait until any application to set aside has been resolved before taking enforcement steps.
What if the debtor ignores the CCJ?
If the debtor neither pays nor challenges the CCJ, you can proceed with enforcement. The court provides several options, and your choice may depend on what you know about the debtor’s circumstances (for example, whether they are employed, have assets, or own property).
Legal framework for enforcement:
The rules for enforcing a CCJ are set out in the Civil Procedure Rules 1998, Part 70. These rules explain the general procedures and requirements for enforcing judgments and orders in the County Court.
Summary:
- You can enforce a CCJ if it remains unpaid after 30 days.
- Always confirm the CCJ has not been paid or set aside before starting enforcement.
- If the debtor believes the CCJ is unfair, they may apply to have it set aside.
- Enforcement options and procedures are governed by specific court rules.
For more information about your enforcement options, see the other sections of this page or explore related topics such as setting aside a CCJ.
Methods of Enforcing a CCJ
When a County Court Judgment (CCJ) has been issued in your favour but the debtor still hasn’t paid, you have several legal options to help recover the money owed. These enforcement methods are governed by the Civil Procedure Rules 1998, which set out how judgments can be enforced in England and Wales. Below, we explain the main ways to enforce a CCJ, including when and how each method can be used, along with potential costs and risks.
Bailiffs (Warrant of Control)
One of the most common enforcement methods is to ask the court to send bailiffs (also known as enforcement agents) to collect the debt. This is done by applying for a "warrant of control." Bailiffs have the authority to visit the debtor’s home or business and take control of goods that can be sold to recover the debt.
When to use:
This option is suitable if you believe the debtor owns valuable items or goods that could be sold to cover what you are owed.
How to apply:
You can request a warrant of control from the County Court. There is a court fee to pay, which can be added to the debt.
Costs and risks:
If the bailiffs are unable to recover enough value from the debtor’s goods, you may not get all your money back. Some goods are exempt from being taken, such as basic household items.
Attachment of Earnings Order
An attachment of earnings order instructs the debtor’s employer to deduct money directly from their wages and send it to you until the debt is paid off.
When to use:
This method is suitable if the debtor is employed (not self-employed or unemployed) and you know their employer’s details.
How to apply:
You must apply to the court for an attachment of earnings order, providing information about the debtor’s employment.
Costs and risks:
There is a fee for this application. If the debtor changes jobs or loses employment, payments may stop or be delayed.
Third Party Debt Order (Freezing Bank Accounts)
A third party debt order allows you to freeze money held in the debtor’s bank or building society account. If successful, the court can order that the money owed is paid to you directly from the account.
When to use:
This is useful if you know the debtor has funds in a specific bank account.
How to apply:
You apply to the court for a third party debt order, naming the bank and providing details of the account if possible.
Costs and risks:
A court fee applies. If there isn’t enough money in the account at the time the order is made, you may not recover the full amount. The process is confidential until the account is frozen, to prevent the debtor moving funds.
Charging Order
A charging order secures the debt against the debtor’s property, such as their home or land. If the property is sold, you may be paid from the proceeds.
When to use:
This is suitable if the debtor owns valuable property or land.
How to apply:
You must apply to the court for a charging order. This does not guarantee immediate payment, but it does secure your interest in the property.
Costs and risks:
There are application fees and, in some cases, further legal costs. You may need to apply for an "order for sale" to force the sale of the property, which can be complex and time-consuming.
Things to Consider
Each enforcement method has its own rules, costs, and risks. It’s important to choose the method that best fits your circumstances and the debtor’s situation. You can find further details on the rules and procedures in the Civil Procedure Rules 1998.
Before taking enforcement action, consider:
- The debtor’s financial situation and assets
- The likelihood of recovering your money
- The costs involved, which may not always be fully recoverable
- The potential impact on your relationship with the debtor
If you’re unsure which method to use or need help with the process, you may wish to seek legal advice. For a full overview of the court rules and guidance, refer to the Civil Procedure Rules 1998.
Using Bailiffs to Collect the Debt
Using Bailiffs to Collect the Debt
If someone owes you money and has not paid after a County Court Judgment (CCJ) has been issued, you may be able to use bailiffs to help recover what you are owed. Bailiffs, also known as enforcement agents, are authorised individuals who can visit the debtor’s property to collect payment or seize goods to cover the debt.
What Are Bailiffs and When Can You Use Them?
Bailiffs are officers who have the legal power to enforce a CCJ by collecting the debt directly from the person who owes you money. You can instruct bailiffs if the debtor has not paid the amount ordered by the court within the specified time. This is usually done through a process called a “warrant of control” for debts up to £5,000 in the County Court.
How to Instruct Bailiffs
To get bailiffs involved, you need to apply to the County Court for a warrant of control. You can do this online or by submitting a form to the court that issued your CCJ. There is a fee for this service, but it can be added to the debt owed by the debtor.
Once the warrant is issued, County Court bailiffs will attempt to recover the money by:
- Sending a notice to the debtor, giving them at least seven days’ warning before visiting.
- Visiting the debtor’s home or business to ask for payment in full.
- If payment is not made, the bailiffs can seize goods belonging to the debtor, which may later be sold at auction to pay off the debt.
The rules and procedures for instructing bailiffs and enforcing a judgment are set out in the Civil Procedure Rules 1998.
What Bailiffs Can and Cannot Do
Bailiffs have the right to enter the debtor’s property peacefully, usually through the front door. They cannot force entry on their first visit. They can only take goods that belong to the debtor and are not essential household items, such as basic clothing, bedding, or items needed for work.
Bailiffs must follow strict rules about how they behave and what they can take. For example, they cannot remove goods that belong to someone else or take items that are leased or on hire purchase.
Consequences for the Debtor
When bailiffs are instructed, the debtor faces several possible consequences:
- Additional fees will be added to the debt, making it more expensive to resolve.
- The debtor’s possessions may be taken and sold if they do not pay or come to an arrangement.
- The debtor’s credit rating may be further affected, making it harder for them to get credit in the future.
- If the debtor refuses to cooperate, the court may take further enforcement actions.
Practical Advice
Before instructing bailiffs, consider whether the debtor owns assets that could be seized or has the means to pay. If the debtor has little to no valuable property, using bailiffs may not result in payment. It’s also a good idea to keep records of all communication and payments during the enforcement process.
For a detailed explanation of the legal procedures, you can refer to the Civil Procedure Rules 1998, which set out the requirements for enforcing a judgment using bailiffs.
If you need more information about other ways to enforce a CCJ, such as wage deductions or freezing bank accounts, explore the related sections on this page.
Deducting Money from Wages or Benefits
Deducting Money from Wages or Benefits
If someone owes you money under a County Court Judgment (CCJ) and they have not paid, you may be able to recover the debt directly from their wages or certain benefits. This process is called an “attachment of earnings order” when it involves wages, and it can be an effective way to ensure regular payments towards the debt.
How Wage Deductions Work
An attachment of earnings order instructs the debtor’s employer to deduct a set amount from their wages each pay period. The money is then sent directly to the court, which passes it on to you as the creditor. The court decides how much can be deducted based on the debtor’s income and essential living costs, aiming to leave them with enough to cover basic needs.
This method is only available if the debtor is employed (not self-employed or unemployed) and earns above a certain threshold. It cannot be used if the person is in the armed forces, a merchant seaman, or works offshore.
Who Can Apply and How
As the creditor, you can apply for an attachment of earnings order if the debtor has failed to pay what they owe under the CCJ. You will need to complete the relevant court forms and pay a fee. The court will then contact the debtor’s employer to set up the deductions.
If you are considering this route, it is helpful to understand the process in detail, including the steps involved and what to expect. For more information, see our guide on wage deductions and court fines.
Deductions from Benefits
In some cases, if the debtor is not working but receives certain benefits, you may be able to ask the court to arrange for money to be deducted from those benefits instead. This is governed by specific rules set out in the Social Security Administration Act 1992, which outlines how and when deductions can be made.
Not all benefits are eligible for deductions, and the amount that can be taken is usually limited to ensure the debtor still has enough to live on. The court will assess the debtor’s circumstances before making an order.
Additional Considerations
If you are unsure whether wage or benefit deductions are the right enforcement option, it may help to understand the broader context of enforcing court judgments. The Court of Appeal has provided important guidance on how courts should approach enforcement and the need to balance the interests of both parties.
By exploring these options, you can choose the most effective way to recover the money you are owed while following the correct legal procedures.
Freezing or Seizing Bank Accounts
Freezing or Seizing Bank Accounts
If someone owes you money and has not paid after a County Court Judgment (CCJ), you may be able to recover what you’re owed by freezing or seizing funds directly from their bank account. This is done through a legal process called a "third party debt order."
What is a Third Party Debt Order?
A third party debt order is a court order that allows you to take money directly from the debtor’s bank or building society account. The bank (the "third party") is instructed to freeze funds in the debtor’s account up to the amount owed, and then pay this money to you if the court approves the order.
How to Apply for a Third Party Debt Order
To begin, you must apply to the court for a third party debt order. You will need to provide details of the judgment, the amount outstanding, and information about the debtor’s bank account if you have it. The court will then consider your application and, if appropriate, issue an interim third party debt order. This means the bank must temporarily freeze the debtor’s account (up to the amount owed) until a final hearing.
The process is governed by the Civil Procedure Rules 1998, which set out the steps and requirements for obtaining an enforcement order such as a third party debt order. You can find further practical guidance on how to enforce a CCJ through a bank account by reading about how to enforce a judgment with an enforcement order.
What Happens Next?
Once the interim order is in place, the debtor and the bank will be notified. A court hearing will then be scheduled, where both you and the debtor can present your case. If the court decides in your favour, the bank will be ordered to release the frozen funds to you, up to the value of the CCJ.
What Can the Debtor Do?
The debtor has the right to object to the third party debt order. They may attend the court hearing and explain why the money should not be taken – for example, if the funds belong to someone else, or if the frozen money is needed for essential living expenses. The court will consider any objections before making a final decision.
Things to Consider
- You must know or have a good idea of where the debtor banks, as the court cannot search for accounts on your behalf.
- Not all funds in a bank account may be available (for example, if the account is overdrawn or contains protected benefits).
- Applying for a third party debt order involves court fees, and there is no guarantee you will recover the full amount owed.
For more detailed information on the legal process and your enforcement options, refer to the Civil Procedure Rules 1998 and the government’s enforcement order guidance. These resources explain your rights and responsibilities when seeking to enforce a CCJ through the courts.
Other Enforcement Options
Other Enforcement Options
If traditional methods like bailiffs or wage deductions haven’t worked to recover the money owed under a County Court Judgment (CCJ), there are other enforcement options you can consider. These alternatives can be effective in certain situations, especially when the person or business who owes you money (the debtor) has valuable assets or is refusing to pay despite having the means.
Charging Orders
A charging order is a way to secure the debt against the debtor’s property, such as their home or land. If you obtain a charging order, the amount owed is registered as a charge on the property, much like a mortgage. This doesn’t force the debtor to sell the property immediately, but it means you could be paid from the proceeds if the property is sold in the future. Charging orders are particularly useful if the debtor owns property but isn’t responding to other enforcement actions.
For a detailed explanation of how charging orders work, when they might be appropriate, and the steps involved, visit Enforcement of Judgements Online Legal Advice.
Insolvency Proceedings
If the debt is significant and the debtor is an individual who owes you at least £5,000, or a company that owes you at least £750, you may be able to start insolvency proceedings. For individuals, this means applying to make them bankrupt; for companies, it means applying to wind up the company.
Insolvency proceedings are serious and can have major consequences for the debtor, including the sale of their assets to pay off debts. However, these steps can be complex, costly, and are generally only suitable if other enforcement methods have failed and the debt is substantial.
When to Use These Options
- Charging orders are most appropriate if the debtor owns valuable property but isn’t making payments. They are less effective if the debtor has little or no equity in their property.
- Insolvency proceedings are usually a last resort and should only be considered if the debt is large and other enforcement options have not worked.
Both options involve strict legal procedures and can carry risks, such as not recovering the full amount owed or incurring additional costs.
Seek Legal Advice
Enforcing a CCJ can become complicated, especially when considering charging orders or insolvency proceedings. Each case is different, and the best approach depends on the debtor’s circumstances and the amount owed. If you are unsure which enforcement action is right for your situation, or if you are dealing with complex assets, it’s wise to seek professional legal advice to make sure you follow the correct procedures and maximise your chances of recovering the debt.
For more information about enforcement options, including charging orders and other legal mechanisms, you can read the guidance on Enforcement of Judgements Online Legal Advice.
What to Do if You Are the Debtor
If you have received a County Court Judgment (CCJ) against you, it’s important to take the situation seriously and act quickly. Ignoring a CCJ can lead to enforcement action, such as bailiffs visiting your home, deductions from your wages, or your bank account being frozen. Here’s what you can do to manage the debt responsibly and avoid further legal consequences.
Understand Your Options
Once a CCJ has been issued, you have several options:
- Pay the CCJ in full: If you pay the full amount within one month of the judgment, the CCJ can be removed from your credit record. This helps minimise the impact on your credit score.
- Agree a payment plan: If you can’t pay the full amount straight away, you may be able to arrange to pay in instalments. Contact the creditor or the court to discuss what you can realistically afford.
- Apply to vary the payment terms: If the payments set by the court are too high, you can ask the court to change the terms. For guidance on how to do this, visit National Debtline.
Act Promptly to Avoid Enforcement
If you ignore the CCJ or do not stick to the agreed payments, the creditor can ask the court to enforce the judgment. This could mean:
- Bailiffs (enforcement agents) coming to your home to collect payment or seize goods.
- Money being taken directly from your wages.
- A charge being placed on your home or a freezing order on your bank account.
To avoid these consequences, it’s important to deal with the CCJ as soon as possible. If you’re struggling to pay, seek advice straight away. You can find practical steps and support by reading our guide on managing your debt.
Know Your Rights and the Legal Process
The court process for CCJs is governed by the Civil Procedure Rules. These rules set out what both creditors and debtors must do, including the procedures for making and enforcing a claim. If you believe the CCJ was issued in error, or you have a valid defence, you may be able to challenge it or ask the court to set it aside. For more information about your legal rights and what steps to take, see the resources provided by National Debtline.
Preventing Future CCJs
One of the best ways to avoid future CCJs is to borrow money carefully and only take on commitments you can afford to repay. Before taking out new credit, it’s a good idea to read our advice on borrowing money responsibly, which covers how to assess your finances, understand credit agreements, and avoid common pitfalls.
Get Support
Dealing with a CCJ can be stressful, but you don’t have to face it alone. There are free and confidential services available to help you understand your options and plan your next steps. Take a look at our page on managing your debt for practical tips and links to trusted organisations.
By taking action early, seeking advice, and communicating with your creditors, you can manage your debt and reduce the risk of enforcement action.
How a CCJ Can Affect Renting
Having a County Court Judgment (CCJ) on your credit record can make renting a home in the UK much more difficult. Most landlords and letting agents carry out credit checks on potential tenants before agreeing to let a property. These checks are designed to assess whether you are likely to pay rent reliably and on time. If a CCJ appears on your credit file, it can signal to landlords that you have previously struggled to pay debts, which may make them reluctant to rent to you.
Landlords often view a CCJ as a risk factor. Some may refuse your application outright, while others might ask for a guarantor or a larger deposit to offset their concerns. In some cases, specialist landlords who accept tenants with CCJs may charge higher rent or impose stricter tenancy conditions.
It’s important to understand that a CCJ stays on your credit record for six years from the date of the judgment, even if you pay it off. This means that it could continue to affect your ability to rent for several years. If you’re currently dealing with a CCJ and worried about finding a place to live, you can find more detailed guidance on how CCJs affect your housing options on our page about CCJs and renting.
Rental deposits are another key consideration. Landlords usually require a deposit before you move in, which is protected by law through government-approved schemes. If you have a CCJ, some landlords may ask for a higher deposit to reduce their risk. Understanding your rights around deposits and how to ensure you get your money back at the end of your tenancy is crucial. For a full explanation of how rental deposits work and what you can do if there are disputes, see our guide to rental deposits.
If you have a CCJ and are looking to rent, it may help to be upfront with landlords about your situation, offer references, or provide evidence of stable income. Being prepared can help you find a suitable home, even with a CCJ on your record.
Summary and Next Steps
Enforcing a County Court Judgment (CCJ) gives you legal tools to recover money you are owed, but it’s important to understand the process before taking action. As outlined above, there are several enforcement options available, including using bailiffs (enforcement agents), applying for an attachment of earnings order to deduct money from the debtor’s wages, or requesting a third-party debt order to freeze funds in their bank account. Each method has its own procedure, costs, and likelihood of success, so it’s crucial to weigh your options carefully.
Before you decide how to proceed, consider the debtor’s circumstances and whether enforcement is likely to be effective. For example, if the debtor has no assets or income, enforcement action may not result in payment and could incur additional fees. It’s also worth remembering that the Civil Procedure Rules set out the procedures and requirements for enforcement, so familiarising yourself with these rules can help you avoid mistakes and delays.
If you are unsure about which enforcement method to use, or if you have questions about your rights and responsibilities, it may be wise to seek independent legal advice. This is especially important if the debtor is disputing the debt or if you encounter difficulties during the enforcement process.
You may also want to explore related topics for further support. For a broader understanding of how CCJs work, visit our guide to County Court Judgments. If you believe the judgment was made in error or you have grounds to challenge it, learn more about setting aside a CCJ. For those seeking help with financial difficulties, our advice on managing debt may also be useful.
Taking enforcement action is a significant step, so ensure you are fully informed and consider all available options before proceeding.
