County Court judgements
If you are owed money a county court judgement can be a useful way to try and recover it but first you will need the debtors current address. At FinderMonkey we obtain the debtors new address via our debtor tracing service, but what do you do once you have the persons address if they will not pay the money they owe you?
The simplest solution is to try and obtain a CCJ or County Court Judgement against the person in question. Here we provide details on County Court Judgements and also some further reading from one of our customers and their experiences of CCJS.
What is a County Court Judgement?
A CCJ is a county court judgement. CCJs are rulings issued by a County Court or higher court and relate to bad debt. The judgement against the individual is recorded and will show up during credit checks, this could stop them obtaining further credit such as a mortgage or loan. The judgement is the one of the latter stages of the process, the threat of the County Court Judgement is sometimes enough to extract payment from the debtor. If you do not have a current residential address for your debtor please tries our debtor tracing search.
If someone owes you money you can claim against the person with a view that they then pay the outstanding amount back to you. If you are successful then the person has one month to pay the outstanding amount back to you or the judgement is recorded on the persons credit file so any other companies who consider offering the person credit can see that they have not paid a specific amount back. Havr you traced the person who owes you money to their new address and made sure they have the means of paying you back? - If you haven't you might benefit from our Trace Debtors Service which is the most detailed on the market.
Who can apply for a CCJ?
Anyone can try and obtain a County Court Judgement against someone who owes them money. It is a relatively cheap and cost effective way to get your money back, although serial debtors can have several CCJ’s on their credit file.It is worth performing a CCJ check against somebody you are considering entering a financial agreement with and as long as you obtain that persons permission their credit file can be scrutinised to see if they have any existing ccjs. You can perform a CCJ Check Search with FinderMonkey.co.uk.
A landlord may use this CCJ information to determine if a potential tenant is credit worthy or company may wish to see if someone is credit worthy before offering them credit terms.
You can perform Company CCJ checks as a CCJ can be issued against a company.
Issuing a Claim
To issue a claim against someone you need to have their current address, for a landlord this can be a frustrating process but it is worth conducting a Tenant Trace search. Once you have a currently address you can obtain the relevant forms on-line, simply fill them in and send to the relevant court. You also have a legal right to claim interest on the outstanding monies owed and you can claim this on top of the outstanding amount.
Once you have sent the form off with the required fee, within 3-6 weeks you will receive a form from the court giving you a date on which the defendant was sent a copy of the claim form. If the debtor has not paid you direct within fourteen days from the date the copy was posted to, and received by, the defendant – you can ask the court to give you a ‘Judgment’
A ‘Judgment’ means that you have validated the debt you are owed. A Judgment in its self is not something that will recover your debt. What you hope to achieve when you issue a claim is for the defendant to admit to themselves that the debt is due, and then send you full payment before attending court: you then discontinue your claim.
Enforcement of a CCJ
Enforcement is applied for through the court by completing a simple form, and payment of a reasonable fee. The fee and form is sent to the court with a copy of the Judgment.
There are several ways of enforcing a judgement against a debtor, these include using bailiffs or an attachment of earning or even a third party debt order, and this means that the court can extract money from the debtor’s bank account.
If you have a CCJ against a person but no residential address you can use our debtor trace service to reconnect with any debtors you may have.
County Court Judgements are a good way of trying to get your money back from the person who has let you down.
Our customers have mixed feelings regarding CCJS and it is certainly not a straight forward process.
Good Luck regarding your County Court Judgements and if you need some help please contact us on 0113 2825900