Enforcement judgement

gogoru

Hello everybody,

I have a order of the county court which say the defendant has to pay me by instalments in two times. But the defendant told me if I can wait 15 day more and he'll pay me, but these days passed and he didn't pay me

Now he is working as self-employed and he lives in a house fully furnished, I know which is his account bank because he gave me a bad check.

what is the best option to enforcemente judgement?

thanks for your helps.

Greetings.

skater_kat

how much is the CCJ for?

gogoru

skater_kat wrote: »

how much is the CCJ for?

the total amount is 700 GBP

skater_kat

then you can go direct to the high court sherriffs for enforcement.

you have to pay £60 for a high court writ, but if they collect the £700 they will also charge this £60 to the defendent.

just google high court sheriffs.

note, the sheriffs have far more powers than county court baliffs so just go straight to the sheriffs.

HTH

Aquamania

gogoru wrote: »

Hello everybody,

I have a order of the county court which say the defendant has to pay me by instalments in two times. But the defendant told me if I can wait 15 day more and he'll pay me, but these days passed and he didn't pay me

Now he is working as self-employed and he lives in a house fully furnished, I know which is his account bank because he gave me a bad check.

what is the best option to enforcemente judgement?

thanks for your helps.

Greetings.

For details of how to enforce a county court judgement, there is plenty of advice available on the web

e.g. https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

There isn't an overall best option, as it all depends on the circumstances of the defendant.

Aquamania

skater_kat wrote: »

then you can go direct to the high court sherriffs for enforcement.

you have to pay £60 for a high court writ, but if they collect the £700 they will also charge this £60 to the defendent.

just google high court sheriffs.

note, the sheriffs have far more powers than county court baliffs so just go straight to the sheriffs.

HTH

I see we have an avid Channel 5 watcher here

Whilst you are correct that as the debt is over £600, a High Court writ can be obtained for £60 (so allowing High Court Enforcment Officers to act), there is a risk that if they cannot recover the money, then a fee of £75 plus expenses (like a DVLA search etc) plus VAT is also chargeable.

Remember, even High Court Enforcement Officers (like county court bailiffs) cannot force their way into a persons private home to collect a debt/sieze goods (unless it is a re-entry). My link above indicates other ways to enforce a county court judgement that does not necessarily involve any bailiffs

gogoru

Aquamania wrote: »

I see we have an avid Channel 5 watcher here

Whilst you are correct that as the debt is over £600, a High Court writ can be obtained for £60 (so allowing High Court Enforcment Officers to act), there is a risk that if they cannot recover the money, then a fee of £75 plus expenses (like a DVLA search etc) plus VAT is also chargeable.

Remember, even High Court Enforcement Officers (like county court bailiffs) cannot force their way into a persons private home to collect a debt/sieze goods (unless it is a re-entry). My link above indicates other ways to enforce a county court judgement that does not necessarily involve any bailiffs

The situation of debtor: he lives rental house fully furnishd an he is working as self-employed.
And I know the number of his bank account

patman99

Right. As he rents, that rules-out placing a charge on his home.

I would look at using the High Court Sheriffs as they have the power to not only enter a property through an open door/window, but if the debtor refuses to pay, they can esculate things by issuing a Statutory Notice giving the debtor 21 days to pay (both your debt and the HCEO's fees).

If the debtor still refuses to pay, the HCEO can issue bankruptcy oreders on top. So once they are on the debtor's case, the debtor usually ends-up paying up as they don't want to incurr extra fees.

bris

Millions of ccj's are unpaid and never will be. Renting a furnished accommodation means he has nothing to lose and is probably well aware of this.


It may surprise you to know people do this deliberately, they build up debt they have no intention of paying knowing that they don't actually have to pay it.


Sometimes you have to think before you throw good money away after bad.


For anyone who watches the Sherriff's officer program they will also have seen they are often foiled in their attempts to get paid, even they can't get blood out of a stone and they wont spend the money to bankrupt someone they know cant pay, only those they know can or have the assets to seize.