getting your money

Obtaining a County Court Judgment (CCJ) is often only part of the process. If the debtor fails to pay, you may need to take further steps to recover the money owed.

A County Court Judgment tenant debt can often be enforced through a range of different methods depending on the debtor’s circumstances. If a former tenant owes money and has failed to comply with a court order, our team can advise on the most appropriate CCJ enforcement options available.

We assist landlords throughout England with judgment enforcement, helping them recover outstanding debts and enforce County Court Judgments against former tenants.

Enforcing A County Court Judgment

A County Court Judgment (CCJ) is an order made by the court requiring the debtor to pay the amount owed either in full or by instalments.

If payment is not made within the required timeframe, or if the debtor defaults on an instalment arrangement ordered by the court, the judgment may become enforceable.

There are several ways to enforce a County Court Judgment, and the most suitable option will depend on the debtor’s circumstances, assets, employment status, and financial position.

If you need to enforce a CCJ against a tenant, we can explain the available options and help you decide on the most appropriate course of action.

High Court Enforcement Officer:

One of the most effective methods of CCJ enforcement can be through a High Court Enforcement Officer.

Where the judgment qualifies for transfer to the High Court, enforcement officers can be instructed to attend the debtor’s address and attempt to recover the outstanding debt.

A High Court Enforcement Officer landlord instruction may be appropriate where a former tenant has failed to pay a judgment debt and other recovery efforts have been unsuccessful.

Once instructed, enforcement officers will attempt to recover:

• The judgment debt.
• Recoverable court costs.
• Applicable enforcement costs.

At the conclusion of the process, a report will be provided confirming the outcome of the enforcement action.

Attachment Of Earnings Order:

An attachment of earnings order allows money to be deducted directly from the debtor’s wages through their employer.

This can be an effective method of recovering debt where the debtor is in regular employment.

Information regarding the debtor’s employment is required before an application can be made. Where this information is not available, employment tracing may assist in locating the relevant details.

An attachment of earnings order is generally not available where the debtor is self-employed or solely reliant on benefits.

Charging Order Property:

Where the debtor owns a property, it may be possible to apply for a charging order property application.

A charging order secures the debt against the debtor’s interest in the property and is registered with HM Land Registry.

The charge remains in place until the debt is settled or otherwise discharged.

Our team can assist with:

• Land Registry searches.
• Charging order applications.
• Court documentation.
• Registration of the charge.

Where ownership is uncertain, property searches can be carried out to establish whether a charging order may be available.

Third Party Debt Order:

A third party debt order allows funds held by a third party, usually a bank or building society, to be frozen and applied towards the judgment debt.

This enforcement option can be effective where information is available regarding the debtor’s bank accounts or financial arrangements.

Applications for a third party debt order may require a court hearing and supporting evidence.

Where representation is required, we can assist with preparing the matter and arranging representation through our solicitors.

Recovering CCJ Debt

Many landlords assume that obtaining a judgment automatically results in payment. Unfortunately, this is not always the case.

Successful judgment enforcement often depends on identifying the most appropriate enforcement route and taking action promptly.

We regularly assist landlords seeking to:

• Recover CCJ debt.
• Enforce County Court Judgments.
• Enforce a CCJ against a tenant.
• Trace debtor assets.
• Recover unpaid rent following possession proceedings.
• Pursue former tenants who owe money.

By reviewing the debtor’s circumstances, we can advise on the most suitable enforcement strategy and the options available.

What Are Your CCJ Enforcement Options?

Every case is different.

In some situations, a High Court Enforcement Officer may be appropriate. In others, an attachment of earnings order, charging order, or third party debt order may offer the best prospect of recovery.

Our advisors can review your circumstances and explain the available CCJ enforcement options before any action is taken.