What debts can bailiffs collect?

Once you have issued a County Court Claim and have been successful in gaining a County Court Judgment (CCJ) against the debtor; it means you the court has ordered the Debtor to pay a sum of money over to you. This will be the amount of the claim plus interest from the Date of Issue of the Claim to the Date of the Judgment. The order will either provide for payment forthwith, which means immediately or will provide a deadline for payment.

The CCJ will be registered on the Register of Judgments and unless the Judgment is paid in full within 30 days of the deadline it will have a detrimental impact on the debtor's credit rating. This will affect their ability to get credit. If the debt is paid after the 30 day deadline, the Judgment will not be removed from the Register it will only be marked as satisfied.

Does a Judgment guarantee payment of a debt?

Often the debtor would not want anything registered that would have a detrimental impact on their credit rating and a Judgment with the threat of further action will prompt payment.

However, a Judgment does not in itself guarantee payment of the debt. Our Forbes Collect team may have to take further enforcement action should the debtor not be forthcoming with payment. It is this enforcement action, which is the additional step leading to payment.

How do I enforce a judgment?

Our usual enforcement action would be to instruct an agent to attend the debtor's premises to seize and sell at auction goods to the value of the debt. If the debt value is less than £600 we would obtain a warrant of control and instruct the County Court Bailiffs. Whereas if the debt value is £600 or more we would instruct the High Court Enforcement Officers and obtain a writ of control.

There are other enforcement options such as:

  1. An application for a Charging Order - this is an application to place a charge on the Debtor's property which would be registered at the Land Registry and the property cannot be sold without you being paid
  2. An application for an Attachment of Earnings Order - this is an application that a proportion of the debtor's earnings are deducted from their wages by their employer and paid to you each month until the debt is cleared in full
  3. An application for a Third Party Debt Order - this is an application that monies belonging to the debtor, usually in a bank account are frozen and seized to cover the judgment debt

For more information on how to enforce a Judgment please contact Forbes Collect on 0800 689 4176 or email us on forbescollect@forbessolicitors.co.uk

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