1st Class Bailiffs Articles

We often get calls from members of the public asking how to enforce their CCJ’s.

We often get calls from members of the public asking how to enforce their CCJ’s.

The usual scenario is the creditor issues a claim in the county court and gains a judgement. The copy of the judgement is then sent to the defendant who subsequently does not pay!

The creditor is then faced with the difficult decision on what to do next. This could be from a rouge tradesman, a tribunal award or for any type of debt. Sometimes the defendant will be unable to pay and your next move just means you are throwing good money after bad.

What are your options

1/ An attachment of earnings if you know where the defendant lives and where they work (if they move jobs the whole enforcement thing must start again).

2/ A Charging Order on property. The defendant obviously needs to have some equity in the property and it is unlikely you can force a sale so you could be waiting a long time for your money

3/ A Third Party Debt Order This is where you can serve an order on a individual or company that holds money for the defendant ie a bank holding the defendants account. This is however only good for the day that it is served so if the defendant does not have money in today but gets some tomorrow you will miss out.

4/ Send in the County Court Bailiff for aprox £100 you can send in the county court bailiff to seize goods to the value of the debt and costs. County Court bailiffs are civil servants and get paid the same regardless of success so most creditors do not find them as effectual as other types of bailiff.

5/ If the debt is for £600 or more transfer to High Court for the High Court Enforcement Officers to Execute. High Court Enforcement officers will transfer the debt to the High Court for you and execute the Writ they obtain. The High Court Officers are allowed to add fees to the debt which the defendant will have to pay. If there are insufficient goods or the debtor has gone away, or the officer can not gain entry you will be charged an abortive fee of £60 plus vat.

6/ Attend Court for Questioning You can obtain an order to have personally served on the defendant or a director of the defendants company. This will require them to attend court at a given time and date where you or an officer of the court can ask them questions under oath about there finances and assets. This sometimes proves useful but in reality depends upon the defendant telling the truth. If the defendant fails to turn up there the threat of prison although this power is rarely used.

7/ Get a status report completed You can get one of our officers/Investigators to conduct a status report on your defendant to give you enough information to make a decision on the best form of enforcement this costs around £55 plus vat

We can assist with High Court Enforcement, status reports and the service of any Orders
Just telephone us on 0844 484 1450