Ccj

liselle

What happens to a CCJ after death, does anyone know? Are the next generation liable, if there are no assets?

Karonher

The below is from this site a year ago and was posted by Laura from National Debtline. It is specific to a person asking so the circumstances may be different for you.

When someone passes away the debts would need to be paid from their estate - if they have one. This needs to happen before any beneficiaries receive any money. Most creditors will accept funeral expenses being paid before the debts though. Sending the death certificate is the right thing to do, and if creditors are ignoring this you can raise a complaint and ask them to put it on hold whilst the estate is processed. If there is no estate then they can be informed and anything in your dad's sole name would be written off.

There may be an issue if your mum is jointly liable for any of these debts (you mentioned she may have been named on them). If that is the case, and the estate cannot settle the debt, then I am afraid she is liable (as it is covered under joint and several liability). You also mentioned a possible issue with the age of the debts, and your mum may need further advice about limitations.


If you don't have a solicitor processing the estate then your mum/ executor of the Will, will need to ensure they fulfil their responsibilities correctly, i.e. advertising for creditors in the London Gazette for 3 months. We have a factsheet that may help you - https://www.nationaldebtline.org/EW/factsheets/Pages/dealing-with-debt-when-someone-dies/bereavement-and-debt.aspx

liselle

Many thanks Karonher

sourcrates

CCJ’s need court approval to be enforced after 6 years.
Your question should have been “what happens to debt after a person dies”
The answer is it dies with them, unless there is enough equity in their estate to pay what is due.

Debts do not transfer between individuals.

liselle

This CCJ is being paid monthly so my original wording stands Sourcrates

sourcrates

liselle wrote: »

This CCJ is being paid monthly so my original wording stands Sourcrates

The judgement only applies to the debtor, once deceased, the judgement is no longer relevant, only the debt, was the point I was woefully trying to make.

You can’t enforce a judgement on a dead person, only their estate, and if there is no money, then that’s the end of it.

liselle

Many thanks Sourcrates.
I understand that my CCJ is unusual as it has been passed to a collection agency.

sourcrates

liselle wrote: »

Many thanks Sourcrates.
I understand that my CCJ is unusual as it has been passed to a collection agency.

Again, it’s the debt that has been sold on, the judgement is just attached to it, what exactly are your concerns here, a bit more detail may result in a more exact answer.