What exactly is a CCJ ?

waveydave

Hi everyone,

I know ccj is a county court judgement - i know dca's and the likes goto court to get CCJ's in an attempt at getting you to pay up your debts etc

but whats the process for the getting one - what happens at court - can you go a long or find out when they are so you can go along and put your side of the story across etc ?

Mrs_Sparkle

Mine was a long time ago but I remember getting a summons to appear in court at a certain time. I didn't turn up- I just paid my council tax.

My dad once told me that if you have a CCJ you'll never be called for jury service. I don't know if it's true but I've certainly never been called.

rog2

A county court judgement is given when a creditor successfully takes you through the court system to recover a debt. You do not necessarily have to attend the court, but a summons must be issued and you are given the chance to either admit or challenge the alleged debt. You are also entitled to make an offer of payment by installments and can, if you wish, attend the Court hearing, for example to challenge a debt. At all stages you have the right to 'put your side of the story'. If a court decides that you are indeed liable for the debt then the court will issue a 'Judgement' known as a County Court Judgement, or CCJ. This judgement will order you to pay the debt within a certain period of time, or by agreed instalments.
If you do not pay, then the court may empower court officials, known as bailiffs (not DCA's) to attempt to recover the debt, by siezing your property.

Mrs. S - I am not sure that a CCJ excludes you from jury service - I did my jury service 5 years ago, and I know I had a couple of CCJ's at the time.

Mrs_Sparkle

Oh, could be an old wives' tale then... I thought I'd escaped for life!

rog2

Mrs_Sparkle wrote:

Oh, could be an old wives' tale then... I thought I'd escaped for life!

Probably not - I'm afraid. I spent a week, couped up in the jury room, not allowed to use my mobile, finally got called on the Thursday - Charges were read, jury sworn in - case adjourned until Friday. Friday morning, called into court - defendant had changed his plea, so jury dismissed, but still had to wait until 4 pm, in case we were needed for another trial.
I don't know if I can be called again as an undischarged bankrupt.:rolleyes:

movingforward2010

`how can u get out of jury service?

rog2

wxmlad wrote:

`how can u get out of jury service?

With great difficulty my friend. The summons for jury service carries the same weight in law as a summons for a criminal to appear at court.
There are certain exemptions, but even these are getting fewer.
You do get some expenses and mileage and, in some circumstances, can claim for loss of earnings.

waveydave

Cheers for that

so essentially even if my offered payments to my debters ( see thread further down) are not accepted and they move towards a CCJ then i shoould get the chance to stand up in fromt of a judge and explain that i have attempted to offerthe comapny X a mount a month and show him my soa etc

rog2

waveydave wrote:

Cheers for that

so essentially even if my offered payments to my debters ( see thread further down) are not accepted and they move towards a CCJ then i shoould get the chance to stand up in fromt of a judge and explain that i have attempted to offerthe comapny X a mount a month and show him my soa etc

Absolutely - although some creditors may issue a summons through the fast track court at Northampton, but you still have the right, on receipt of the summons, to contact the court and ask for the hearing to be transferred to a court near your home.

waveydave

rog2 wrote:

Absolutely - although some creditors may issue a summons through the fast track court at Northampton, but you still have the right, on receipt of the summons, to contact the court and ask for the hearing to be transferred to a court near your home.

thats even better

hopefully it wont get to that though

worriedwife_3

curipus about this myself! If a debt is sold to a debt collecting company and they have no joy and then it gets as far as court will they have to produce details of the original debt such as contract etc? after reading the threads i know that a ccj can be given in the persons absence but can this later be altered if a payment plan is found or is it to late at this point and must you stick to whatever has been written on the ccj?