Bailiff CCJ ENFORCEMENT

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CCJ ENFORCEMENT

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CCJ ENFORCEMENT

 

If a debtor defaults on a CCJ, (County Court Judgement) the creditor may apply for a charging order, which would secure the debt on a property. Creditors can also apply for an attachment of earnings which would order the debtor's employer to deduct monies from their salary and send them to the court. A Third Party Debt order would oblige a third party who holds money belonging to the debtor (for example a bank) to pay the outstanding CCJ. A bailiff can also be appointed to collect the debt. A bailiff is an official of the court and has the power to seize goods and sell them at auction to settle a debt.

Once a CCJ has been entered it is recorded by credit reference agencies, which will impact negatively on an debtor's credit rating. This will make it

difficult to obtain credit or finance for a period of at least six years.

If regular payments to the court are being made this is recorded on the credit file and goes some to way to lessen the negative credit rating impact. Once the full amount owed is repaid the CCJ is marked as 'satisfied' but remains on file. The subject of a CCJ which is satisfied within 28 days of being recorded can ask the agency to remove the entry altogether.

 

Bailiffs

There are more than one type of bailiff and they each have different powers. Which one you use depends on what type of debt you have and in which court the judgment was awarded.

 

Charging Orders

These are usually effective for people who have assets. A charging order on a property is also effective with members of the general public. With commercial debts you can can ask the court to divert funds owed to your debtor by his creditors.

 

Attachment Of Earnings

Also effective against the general public.

 

Garnishee Order

You can ask the court for an order to debit your debtors bank account.

 

Oral Examination

Not really a method of enforcement but it can force a debtor into court to explain why they haven't paid the judgment. If the debtor does not turn up for the examination it is possible that they may be arrested and taken to prison for contempt of court.

 

 

 

 

 

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