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How soon can a CCJ be enforced
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realgonekid_2
Posts: 44 Forumite
Hi everyone,
How quickly can a judgement creditor enforce a CCJ if the judgement is payment forthwith (so within 28 days) Can they do anything within that 28 day period (so third party debt order, charging order etc), or do they have to wait for that period to have elapsed?
How quickly can a judgement creditor enforce a CCJ if the judgement is payment forthwith (so within 28 days) Can they do anything within that 28 day period (so third party debt order, charging order etc), or do they have to wait for that period to have elapsed?
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Hi,
They are already enforcing the debt by obtaining a CCJ, and the court has ordered you to pay forthwith.
You must be referring to further enforcement action should you not pay, is that right ?
It would depend on how much the debt is, and how vigorously they want to enforce this against you, bearing in mind each further enforcement stage costs them more money.
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Sorry I should have made myself more clear.
Yes i am referring to further enforcement action, so what i am trying to say is, is it possible or not for them to take further action once they have received judgement prior to the date set by the court (28 days after judgement , which i believe is the norm for forthwith judgments)
I am looking to ensure i have enough time between judgement receipt and the date it is ordered to be paid by the court for my course of action ( i know what intend to do) without being hamstrung by action by the creditor.0 -
Hi there and welcome to MSE,
Check the details of the judgement order. Forthwith doesn't necessarily mean you have 28days, it can mean it has to be paid in one day. However, if the paperwork states that you have 28 days to pay from the date of judgement, then the creditor would not be able to apply for bailiffs, an attachment of earnings order or a third party debt order before that deadline. Charging orders do work slightly differently, and the creditor could apply for the charge immediately. However they may not do this, but if they did you would receive notice of an interim charging order first.
If you are unable to pay the judgement within the deadline, you can apply to the court to vary the order or possibly for a redetermination (depending on whether the original CCJ was a default judgement). Varying a CCJ to pay more manageable instalments would not prevent a charging order, but would stop other enforcement action, as long you keep the payments up to date.
The CCJ will show on your credit file for 6 years from the date of judgement, unless paid in full within 1 month of the judgement date (28 days to be sure). Best of luck,
Laura
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
My understanding is that forthwith means immediately.
If the creditor wants to apply for a CO/AOE/Warrant they can do so on the same day, though court lethargy may mean it is several weeks before you are notified of that enforcement.
As I think ND says, a Charging order does not require a defaulted judgement in any case as the courts just look at it as securing the debt.0
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